On August 08, 2011 a
Party Discovery
was filed
involving a dispute between
Physicians Group Of Sarasota Llc As Assignee Of John Freeman,
and
State Farm Mutual Automobile Insurance Company,
in the District Court of Sarasota County.
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ak Oe
wade
IN AND FOR SARASOTA COUNTY, FLORIDA
CIVIL DIVISION
PHYSICIANS GROUP OF SARASOTA, L.L.C.
F/K/A PHYSICIANS GROUP, L.L.C,
As assignee of Joanne Haynes,
IM:B HY 9¢ did ine
¥OINO1 Aba! J | ae
Plaintiff,
VS. CASE NO: 2011 SC 005139 NC
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,
Defendant.
/
REQUEST FOR ADMISSIONS
Plaintiff, PHYSICIANS GROUP OF SARASOTA, L.L.C., by and through undersigned
counsel, and hereby requests the Defendant, STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, admit that the following statements are true:
l. Admit the Defendant issued an automobile insurance policy which would provide
PIP benefits to the Assignor described in the complaint and said policy was in full force and
effect on the date of the accident described in the complaint.
2. Admit late notice in the reporting of the motor vehicle accident is not a defense in
this case.
3,
Admit the Defendant does not have photographs concerning the assignee,
assignor, or of the vehicles involved in the accident.
4, Admit the Defendant does not have any reports prepared by a doctor of the
same licensing chapter of the treating physician in this case stating that the dates of service
described in the complaint was "not reasonable,” "not related," or "not medically necessary" or in
anyway indicates that treatment received by the patient is not or would not be reasonable,
necessary or related to the accident in question (this includes future treatment).
5. Admit the Assignor was involved in an automobile accident on the date described
in the Complaint.
foQiitiionnas
6. Admit the Defendant does not have any evidence to support an argument the
assignor was not involved in an automobile accident described in the complaint.
7. Admit the Defendant is not alleging the bills at issue were submitted to the
Defendant in an untimely fashion.
8. Admit the treatment described in the complaint was related to the car accident
described in the Plaintiff's complaint.
9. Admit the medical bills at issue did not fall under a deductible.
10. | Admit there have been no specific agreements by and between the Plaintiff and
the Defendant wherein the Plaintiff agreed to accept the reduced amounts paid by the Defendant
as full and final payment for the bills which are the subject of this lawsuit.
11. | Admit the prices charged by Plaintiff were reasonable for the bill(s) which are the
subject of this litigation as described in the complaint.
12. Admit the Defendant did not provide the Plaintiff with any documents which
would reflect the amounts charged by the Plaintiff for the bills described in the complaint were
unreasonable.
13. Admit coverage is not a defense to this case.
14. | Admit lack of cooperation by the assignor is not a defense to this case.
15. Admit the Plaintiff complied with all conditions precedent prior to the filing of
this lawsuit.
16. Admit the Assignor complied with all conditions precedent prior to the filing of
this lawsuit.
17. Admit that Defendant did not send any additional requests for information to
Plaintiff in this case pursuant to F.S. 627.736(6)(b).
18. | Admit the services described in the complaint was/were reasonably performed
and medically necessary.
19. Admit that Defendant received an assignment of benefits from Plaintiff, which
was signed by the patient in this matter.
20. Admit the Plaintiff has standing to file suit in this case.
21. Admit in response to receiving Plaintiffs bills, which are the subject of this suit,
the Defendant did not provide the Plaintiff with a written itemized specification of each item that
the insurer had reduced, omitted, or declined to pay, as stated in F.S. §627.736(4)(b) sometimesreferred to as an explanation of benefits (EOB), within thirty (30) days of receipt of the
Plaintiff's bills.
22. Admit the Defendant is not alleging the Plaintiffs medical records were deficient,
inadequate or lacking sufficient accuracy.
23. Admit that no where in Defendant’s policy of insurance does it state that medical
bills will be paid according to any fee schedule.
24. Admit that no where in Defendant’s policy of insurance does it state that medical
bills will be paid pursuant to the permissive fee schedule contained in Florida Statute 627.736,
which went into effect on January 1, 2008.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via
U.S. Mail to Robert Oxendine, Esquire Oxendine and Oxendine, P.A. 14428 Bruce B. Downs
Blvd. Tampa, Florida 33613, on this _¢/|> day of September, 2011.
WEST COAST LAw, PLLC
4046 Sawyer Road, Suite D
Sarasota, FL 34233
(941) 552-0373 - Telephone
(941) 377-3886 — A
Mark Maynard, Esquire
FBN: 00885037
Gregory Zitani, Esquire
FBN: 0188956
Document Filed Date
September 26, 2011
Case Filing Date
August 08, 2011
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ak Oe wade IN AND FOR SARASOTA COUNTY, FLORIDA CIVIL DIVISION PHYSICIANS GROUP OF SARASOTA, L.L.C. F/K/A PHYSICIANS GROUP, L.L.C, As assignee of Joanne Haynes, IM:B HY 9¢ did ine ¥OINO1 Aba! J | ae Plaintiff, VS. CASE NO: 2011 SC 005139 NC STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. / REQUEST FOR ADMISSIONS Plaintiff, PHYSICIANS GROUP OF SARASOTA, L.L.C., by and through undersigned counsel, and hereby requests the Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, admit that the following statements are true: l. Admit the Defendant issued an automobile insurance policy which would provide PIP benefits to the Assignor described in the complaint and said policy was in full force and effect on the date of the accident described in the complaint. 2. Admit late notice in the reporting of the motor vehicle accident is not a defense in this case. 3, Admit the Defendant does not have photographs concerning the assignee, assignor, or of the vehicles involved in the accident. 4, Admit the Defendant does not have any reports prepared by a doctor of the same licensing chapter of the treating physician in this case stating that the dates of service described in the complaint was "not reasonable,” "not related," or "not medically necessary" or in anyway indicates that treatment received by the patient is not or would not be reasonable, necessary or related to the accident in question (this includes future treatment). 5. Admit the Assignor was involved in an automobile accident on the date described in the Complaint. foQiitiionnas 6. Admit the Defendant does not have any evidence to support an argument the assignor was not involved in an automobile accident described in the complaint. 7. Admit the Defendant is not alleging the bills at issue were submitted to the Defendant in an untimely fashion. 8. Admit the treatment described in the complaint was related to the car accident described in the Plaintiff's complaint. 9. Admit the medical bills at issue did not fall under a deductible. 10. | Admit there have been no specific agreements by and between the Plaintiff and the Defendant wherein the Plaintiff agreed to accept the reduced amounts paid by the Defendant as full and final payment for the bills which are the subject of this lawsuit. 11. | Admit the prices charged by Plaintiff were reasonable for the bill(s) which are the subject of this litigation as described in the complaint. 12. Admit the Defendant did not provide the Plaintiff with any documents which would reflect the amounts charged by the Plaintiff for the bills described in the complaint were unreasonable. 13. Admit coverage is not a defense to this case. 14. | Admit lack of cooperation by the assignor is not a defense to this case. 15. Admit the Plaintiff complied with all conditions precedent prior to the filing of this lawsuit. 16. Admit the Assignor complied with all conditions precedent prior to the filing of this lawsuit. 17. Admit that Defendant did not send any additional requests for information to Plaintiff in this case pursuant to F.S. 627.736(6)(b). 18. | Admit the services described in the complaint was/were reasonably performed and medically necessary. 19. Admit that Defendant received an assignment of benefits from Plaintiff, which was signed by the patient in this matter. 20. Admit the Plaintiff has standing to file suit in this case. 21. Admit in response to receiving Plaintiffs bills, which are the subject of this suit, the Defendant did not provide the Plaintiff with a written itemized specification of each item that the insurer had reduced, omitted, or declined to pay, as stated in F.S. §627.736(4)(b) sometimesreferred to as an explanation of benefits (EOB), within thirty (30) days of receipt of the Plaintiff's bills. 22. Admit the Defendant is not alleging the Plaintiffs medical records were deficient, inadequate or lacking sufficient accuracy. 23. Admit that no where in Defendant’s policy of insurance does it state that medical bills will be paid according to any fee schedule. 24. Admit that no where in Defendant’s policy of insurance does it state that medical bills will be paid pursuant to the permissive fee schedule contained in Florida Statute 627.736, which went into effect on January 1, 2008. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via U.S. Mail to Robert Oxendine, Esquire Oxendine and Oxendine, P.A. 14428 Bruce B. Downs Blvd. Tampa, Florida 33613, on this _¢/|> day of September, 2011. WEST COAST LAw, PLLC 4046 Sawyer Road, Suite D Sarasota, FL 34233 (941) 552-0373 - Telephone (941) 377-3886 — A Mark Maynard, Esquire FBN: 00885037 Gregory Zitani, Esquire FBN: 0188956