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Filing # 62832805 E-Filed 10/13/2017 04:34:37 PM
IN THE COUNTY COURT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 17-004882-CC-26 (03)
AMERICAN REHABILITATION MEDICAL
CENTER, INC. (Consuelo Hector, Patient) ,
Plaintiff,
Vv.
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,
Defendant.
/
DEFENDANT’S RESPONSE TO PLAINTIFF’S
REQUEST FOR PRODUCTION REGARDING ADJUSTER QUALIFICATIONS
COMES NOW, Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, by and through undersigned counsel and pursuant to Florida Rule of Civil
Procedure 1.350, hereby files this, Defendant's Response to Plaintiff's Request to
Produce Regarding Adjuster Qualifications and would state as follows:
1. Objection: State Farm objects to the request as vague, ambiguous, and
overly broad. Materials on which individuals were trained prior to the date of
loss, and which were obsolete on the date of loss, are neither material nor
relevant to the matters at issue in this case. The request calls for confidential
and proprietary business information belonging to the State Farm and invades
the privacy of its employees. Moreover, at this stage of litigation the plaintiffs
are only entitled to file specific discovery as the issues concerning their
underlying contract benefits have not yet been resolved. This is impermissible
and premature bad faith discovery. State Farm Fla. Ins. Co. v. Gallmon, 835
So. 2d 389, 390 (Fla. 2d DCA 2003) (finding that “company policies and
manuals...details of rewards and bonus programs for employees, employee
incentive an compensation programs” and other documents are “either
irrelevant to the first-party dispute that this case presents or are privileged
Page 1
COLE, SCOTT & KISSANE, P.A.
LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474.7979 FAXCASE NO.: 17-004882-CC-26 (03)
work product”); (Fla. 2d DCA 2003) “Until the obligation to provide coverage
and damages has been determined, a party is not entitled to discovery related
to the claims file or to the insurer's business policies or practices regarding
handling of claims.” State Farm Mut. Auto. Ins. Co. v. Tranchese, 49 So. 3d
809, 810 (Fla. 4th DCA 2010). See also, State Farm Florida Ins. Co. v.
Desai, 106 So.3d 5, 38 (Fla. 3d DCA 2013).
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 13th day of October, 2017, a true and correct
copy of the foregoing was filed with the Clerk of Miami-Dade County by using the
Florida Courts e-Filing Portal, which will send an automatic e-mail message to the
following parties registered with the e-Filing Portal system: Leonard J. Valdes, Esq.,
Leonard J Valdes, P.A., pleadings@valdeslaw.com, 8660 West Flagler Street, Suite
124, Miami, FL 33144, (305) 567-0910/(786) 454-8905 (F), Attorney for Plaintiff,
American Rehabilitation Medical Center, Inc.
7758.0217-00/8023039
By:
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant STATE FARM MUTUAL
AUTOMOBILE INSURANCE COMPANY
Lakeside Office Center, Suite 500
600 North Pine Island Road
Plantation, Florida 33324
Telephone (954) 343-3914
Facsimile (954) 474-7979
Primary e-mail: susette.gruebele@csklegal.com
Secondary e-mail: lina.gil-mccool@csklegal.com
/s/ Nathan Whitford, 109601, for
SUSETTE GRUEBELE
Florida Bar No.: 56246
Page 2
COLE, SCOTT & KISSANE, P.A.
LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474.7979 FAX
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Filing # 62832805 E-Filed 10/13/2017 04:34:37 PM IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 17-004882-CC-26 (03) AMERICAN REHABILITATION MEDICAL CENTER, INC. (Consuelo Hector, Patient) , Plaintiff, Vv. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. / DEFENDANT’S RESPONSE TO PLAINTIFF’S REQUEST FOR PRODUCTION REGARDING ADJUSTER QUALIFICATIONS COMES NOW, Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, by and through undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.350, hereby files this, Defendant's Response to Plaintiff's Request to Produce Regarding Adjuster Qualifications and would state as follows: 1. Objection: State Farm objects to the request as vague, ambiguous, and overly broad. Materials on which individuals were trained prior to the date of loss, and which were obsolete on the date of loss, are neither material nor relevant to the matters at issue in this case. The request calls for confidential and proprietary business information belonging to the State Farm and invades the privacy of its employees. Moreover, at this stage of litigation the plaintiffs are only entitled to file specific discovery as the issues concerning their underlying contract benefits have not yet been resolved. This is impermissible and premature bad faith discovery. State Farm Fla. Ins. Co. v. Gallmon, 835 So. 2d 389, 390 (Fla. 2d DCA 2003) (finding that “company policies and manuals...details of rewards and bonus programs for employees, employee incentive an compensation programs” and other documents are “either irrelevant to the first-party dispute that this case presents or are privileged Page 1 COLE, SCOTT & KISSANE, P.A. LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474.7979 FAXCASE NO.: 17-004882-CC-26 (03) work product”); (Fla. 2d DCA 2003) “Until the obligation to provide coverage and damages has been determined, a party is not entitled to discovery related to the claims file or to the insurer's business policies or practices regarding handling of claims.” State Farm Mut. Auto. Ins. Co. v. Tranchese, 49 So. 3d 809, 810 (Fla. 4th DCA 2010). See also, State Farm Florida Ins. Co. v. Desai, 106 So.3d 5, 38 (Fla. 3d DCA 2013). CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 13th day of October, 2017, a true and correct copy of the foregoing was filed with the Clerk of Miami-Dade County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Leonard J. Valdes, Esq., Leonard J Valdes, P.A., pleadings@valdeslaw.com, 8660 West Flagler Street, Suite 124, Miami, FL 33144, (305) 567-0910/(786) 454-8905 (F), Attorney for Plaintiff, American Rehabilitation Medical Center, Inc. 7758.0217-00/8023039 By: COLE, SCOTT & KISSANE, P.A. Counsel for Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Lakeside Office Center, Suite 500 600 North Pine Island Road Plantation, Florida 33324 Telephone (954) 343-3914 Facsimile (954) 474-7979 Primary e-mail: susette.gruebele@csklegal.com Secondary e-mail: lina.gil-mccool@csklegal.com /s/ Nathan Whitford, 109601, for SUSETTE GRUEBELE Florida Bar No.: 56246 Page 2 COLE, SCOTT & KISSANE, P.A. LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474.7979 FAX