Request,Application: LUIS GARCIA VS GEICO GENERAL INSURANCE COMPANY C/O FDFS

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                                Filing # 57847489 E-Filed 06/16/2017 09:25:40 AM

IN THE COUNTY COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA.

LUIS GARCIA,

Plaintiff,
vs.

GEICO GENERAL INSURANCE COMPANY,

Defendant.
/
PERSONAL INJURY PROTECTION REQUEST FOR A.

 

ISSIONS

COMES NOW, the Plaintiff, LUIS GARCIA, by and through his undersigned counsel,
requests that the Defendant, GEICO GENERAL INSURANCE COMPANY, admit that the
following are true no later than thirty days as provided in Rule 1.370, Florida Rules of Civil

Procedure:

1, Admit that the personal injury protection insurance benefits which are the
subject matter of this litigation are not exhausted.

2 Admit that the Plaintiff provided to the Defendant a pre-suit demand letter
prior to the filing of this matter that substantially complied with the statutory
requirements of Section 627.736(10), Fla. Stat.

3 Admit that the Defendant had a contract of automobile insurance with the
policy holder on the date of the motor vehicle accident which is the subject
matter of this litigation.

4 Admit that the CPT codes submitted by the Plaintiff on the medical bills

which are the subject matter of this litigation follow the Physicians’ Current
Procedural Terminology (CPT) or Healthcare Correct Procedural Coding

System (HCPCS) in effect for the year in which services are rendered.10.

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Admit that Defendant’s contract of automobile insurance was in full force
and effect on the date of the motor vehicle accident, which is the subject
matter of this litigation.

Admit that the assignor complied with all statutory conditions precedent to
recover under the above-referenced policy.

Admit that the assignor was involved in a motor vehicle accident in the State
of Florida.

Admit that coverage is not in dispute in this matter.

Admit the Defendant, received notice of this claim after the accident and that
such notice complied with the requirements of Florida Statute 627.736(4)(b)

Admit that the Defendant owes the Plaintiff personal injury protection
insurance benefits which is the subject matter of this litigation under the
above-referenced contract.

Admit that the Florida Motor Vehicle No-Fault Law does not permit the
Defendant to first reduce reimbursements to the permissive reimbursement
rate and subsequently apply the deductible to the claim.

Admit that the Defendant’s non-payment of the Plaintiff's bills at issue
violates Section 627.736, Fla. Stat

Admit that the Defendant has not made any payment for any of the bills sued
upon in the Complaint as of the date of the filing of this lawsuit.

Admit that the policy of automobile insurance which is the subject matter of

this litigation was sold by an agent of the Defendant in Florida.15.

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Admit that the Defendant has no medical report with regard to any treatment
for which benefits are sought by Plaintiff specifically stating that the
treatment was "not reasonable", "not related", and "not necessary"

Admit that venue lies in Dade County, Florida for this action.

Admit that the above-styled Court, in and for Dade County, Florida, has
jurisdiction over the claim of the Plaintiff against Defendant.

Admit that the Defendant has provided Plaintiff with a report stating that the
reimbursement for treatment for which Plaintiff seeks PIP benefits was "not
reasonable", "not related", or "not necessary"

Admit that the Defendant did not apply the policy deductible to 100% of the
amounts charged.

Admit that upon receipt of the first set of medical bills, the Defendant
reduced the charges and after reducing the charges applied the policy
deductible to the medical bills at issue in this litigation.

Admit that Plaintiff’ s charges for the services which are the subject matter of
the present litigation are reasonable charges for the community.

Admit that the Defendant failed to contact the Plaintiff to inquire as to the
usual and customary charges and payments accepted by the Plaintiff when the
Defendant made payment to the Plaintiff.

Admit that the Defendant’s policy of insurance which are the subject matter

of the present litigation is required to conform to all requirements of Sections

627.730 - 627.7405, Florida Statutes.24. Admit that under the Insured’s policy with Defendant, the provisions of
Florida Statute 627.428 apply to any dispute between Plaintiff and Defendant
concerning the coverage and the provisions of Florida Statute 627.730 -
627.7405.

25. Admit that Defendant has not requested a "peer review" or records review of
any of the Plaintiff(s) medical records or medical expenses related to
Assignor's medical treatment pertaining to the subject claim:

26. If the Defendant paid only a portion of the subject claim or rejected the
subject claim, admit that the Defendant did not provide at the time of the
partial payment or rejection an itemized specification of each item that the
Defendant/insurer had reduced, omitted, or declined to pay pursuant to §

627.736(4)(b)

CERTIFICATE OF SERVICE

THEREBY CERTIFY that a true and correct copy of the foregoing was filed with the
original complaint and served with same through the Florida Department of Financial Services.

Paul K. Schrier, PA

11098 Biscayne Blvd, Suite 208

Miami, Florida 33161

Phone: 305.893.5500

Facsimile: 305.893.8626

Designated primary e-mail: Paul@paulschrierpa.com
Designated secondary e-mail: David@paulschrierpa.com
Scheduling: Jacqui@paulschrierpa.com

By: /s/
Paul K. Schrier, Esq
Fla. Bar No. 622590