On December 31, 2013 a
Party Discovery
was filed
involving a dispute between
Gainesville Open Mri Center Inc,
and
Progressive American Insurance Company,
for SMALL CLAIMS PIP 3 - $501 - $2,500
in the District Court of Pinellas County.
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Case Number: 13-009017-SC
***ELECTRONICALLY FILED 12/31/2013 1:04:46 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
Filing # 8709039 Electronically Filed 12/31/2013 01:04:45 PM
IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
Case No.:
GAINESVILLE OPEN MRI CENTER, INC,
As assignee of Yojanna Morales,
Plaintiff,
VS.
PROGRESSIVE AMERICAN INSURANCE COMPANY,
Defendant.
/
FIRST RE!
T FOR ADMISSIONS TO DEFENDANT
COMES NOW, the Plaintiff, GAINESVILLE OPEN MRI CENTER, INC, As Assignee
of
Yojanna Morales, by and through the undersigned attorney, and pursuant to rule 1.370, Florida
Rules of Civil Procedure, hereby propound to Defendant, PROGRESSIVE AMERICAN
INSURANCE COMPANY, to admit the truth of these matters hereinafter set forth within forty-
five
(45) days from the date of service hereof.
1. At all times material to the Complaint, Defendant was a corporation duly licensed to
transact insurance business in the State of Florida and engaged in the business of
automobile insurance.
2. Defendant maintains agents in Pinellas County, Florida for the transacting of its
customary business in Pinellas County, Florida.
3. Defendant issued an automobile insurance policy that provides Personal Injury Protection
benefits to which the patient is entitled, for the subject accident.
4. The above-described automobile policy issued by the Defendant was in full force and
effect for the subject accident.
5. Venue properly lies in Pinellas County, Florida for this action.
6. The above-styled court, in and for Pinellas County, Florida, has jurisdiction over the
claim of the Plaintiff against the Defendant.10.
11.
12.
Two Hundred Fifty Dollars ($250.00) per hour is a reasonable hourly rate for the
undersigned attorney to charge in this matter.
All medical expenses submitted by Plaintiff to Defendant which have not yet been paid
were reasonable in amount.
Defendant received the insured’s No-Fault application and medical authorizations.
Defendant was furnished with written notice of the fact of a covered loss with regard to
the portions of Plaintiff's PIP benefits that are the subject of dispute herein.
Defendant has not paid simple interest at the statutory rate on any payments which were
not paid within thirty (30) days after Defendant was furnished with written notice of the
fact of the covered loss in the amount of the same.
Defendant did not pay Plaintiffs claim pursuant to the terms and conditions of the policy
of insurance.
I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon the
Defendant along with the Summons and Complaint in this matter.
Reeder & Nussbaum, P.A.
/s/ Mare B Nussbaum
Marc B. Nussbaum, Esquire
2201 4th Street North, Suite G
St. Petersburg, FL 33704
727-521-2889
FBN 0492825
Attorney for Plaintiff
Document Filed Date
December 31, 2013
Case Filing Date
December 31, 2013
Category
SMALL CLAIMS PIP 3 - $501 - $2,500
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Case Number: 13-009017-SC ***ELECTRONICALLY FILED 12/31/2013 1:04:46 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** Filing # 8709039 Electronically Filed 12/31/2013 01:04:45 PM IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CIVIL DIVISION Case No.: GAINESVILLE OPEN MRI CENTER, INC, As assignee of Yojanna Morales, Plaintiff, VS. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. / FIRST RE! T FOR ADMISSIONS TO DEFENDANT COMES NOW, the Plaintiff, GAINESVILLE OPEN MRI CENTER, INC, As Assignee of Yojanna Morales, by and through the undersigned attorney, and pursuant to rule 1.370, Florida Rules of Civil Procedure, hereby propound to Defendant, PROGRESSIVE AMERICAN INSURANCE COMPANY, to admit the truth of these matters hereinafter set forth within forty- five (45) days from the date of service hereof. 1. At all times material to the Complaint, Defendant was a corporation duly licensed to transact insurance business in the State of Florida and engaged in the business of automobile insurance. 2. Defendant maintains agents in Pinellas County, Florida for the transacting of its customary business in Pinellas County, Florida. 3. Defendant issued an automobile insurance policy that provides Personal Injury Protection benefits to which the patient is entitled, for the subject accident. 4. The above-described automobile policy issued by the Defendant was in full force and effect for the subject accident. 5. Venue properly lies in Pinellas County, Florida for this action. 6. The above-styled court, in and for Pinellas County, Florida, has jurisdiction over the claim of the Plaintiff against the Defendant.10. 11. 12. Two Hundred Fifty Dollars ($250.00) per hour is a reasonable hourly rate for the undersigned attorney to charge in this matter. All medical expenses submitted by Plaintiff to Defendant which have not yet been paid were reasonable in amount. Defendant received the insured’s No-Fault application and medical authorizations. Defendant was furnished with written notice of the fact of a covered loss with regard to the portions of Plaintiff's PIP benefits that are the subject of dispute herein. Defendant has not paid simple interest at the statutory rate on any payments which were not paid within thirty (30) days after Defendant was furnished with written notice of the fact of the covered loss in the amount of the same. Defendant did not pay Plaintiffs claim pursuant to the terms and conditions of the policy of insurance. I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon the Defendant along with the Summons and Complaint in this matter. Reeder & Nussbaum, P.A. /s/ Mare B Nussbaum Marc B. Nussbaum, Esquire 2201 4th Street North, Suite G St. Petersburg, FL 33704 727-521-2889 FBN 0492825 Attorney for Plaintiff