Preview
Case Number: 14-000764-SC
***ELECTRONICALLY FILED 1/31/2014 5:24:38 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
Filing # 9796997 Electronically Filed 01/31/2014 05:24:40 PM
IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
SMALL CLAIMS
LR.C. INTEGRAL REHABILITATION
CENTER), LLC, as assignee of ROSA C
VALLE,
Plaintiff, CASE NO.:
vs.
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,
Defendant.
REQUEST FOR PRODUCTION
To: State Farm Mutual Automobile Insurance Company
C/o Insurance Commissioner
Department of Financial Services
200 East Gaines St.
Tallahassee, FL 32399
Plaintiff, LR.C. UNTEGRAL REHABILITATION CENTER), LLC, request that the
Defendant, State Farm Mutual Automobile Insurance Company, to produce and/or permit
inspection and copying of the following documents within forty-five (45) days after service of
this request. Production and/or inspection and copying to be at PIP LAW GROUP OF
FLORIDA, P.A., 3135 State Road 580, Suite 8, Safety Harbor, FL 34695.DEFINITIONS
A. Reference in these Interrogatories to "you" or "your" is intended to include, and all
corporations, firms and other entities owned or controlled by LR.C. (INTEGRAL
REHABILITATION CENTER), LLC, together with the officers, directors, agents,
employees and attorneys, and other representatives of such entities now, or any time in the
past.
B. As used herein, "document" shall mean: Every writing or record of every
type and description that is or has been in your possession, control or custody or of
which you have knowledge, including, without limitation on the generality of the
foregoing, correspondence, memoranda, tapes, stenographic or hand-written notes,
studies, publications, books, pamphlets, pictures, films, voice records, maps, reports,
surveys, minutes or statistical complications; every copy of such writing or record, where
the original is not in your possession, custody or control; and every copy of such writing or
record where such copy is not an identical copy of any original or where such copy
contains any commentary or notation whatsoever that does appear in the original.
Cc. As used herein, "date" shall mean: the exact day, month, and year if ascertainable, or
if not,
the best approximation (including relationship in time to other events).
D. As used herein, "identify" when used in reference to:
(1) An individual, shall mean to state his full name, present or last known address
(designating which) and present or last known employment, position or business
affiliation (designating which) including job title and employment address.
(2) A firm, partnership, corporation proprietorship, association, or other organization
or entity, shall mean to state its full name and present or last known address
(designating which), the legal form of such entity or organization and the
residence address, job title and business address for the chief executive officer.
(3) Data, shall mean to state: In the case of a document, the title (if any), date,
author, sender, recipient, type of document (i.e. letter, memorandum, book,
telegram, chart, etc.), or some other means of identifying it, a summary of its
contents and its present location or custodian; in the case of an oral
communication, the date, the communicator, communicatee, and a
sufficient summary of the contents of such oral communication to indicate its
nature and substance.
(4) The identification of documents covered by these Interrogatories is not required for
any such documents which you are willing to produce voluntarily for
inspection and copying by the undersigned attorney within the time period
specified for your answers or such other time as may be mutually agreed upon.Any and all reports or results of investigation not in anticipation of litigation prepared by
any employee of the Defendant, or any other person, relating to the provider(s) in this
cause of action.
A copy of Rosa C Valle’s policy, which offered coverage to claim number 59A709923.
A copy of any opinion upon which the Defendant relied in determining this claim.
Any and all reports, documents or interoffice memoranda referencing a written opinion
upon which Defendant relied on in formulating its decision to refuse to pay Plaintiff the
full amount billed under said policy of insurance.
Please provide an entire copy of the personal injury protection file, including covers,
maintained by the Defendant or anyone on Defendant’s behalf including all documents,
front and back, as contained in that file including but not limited to:
a. Any description, notation or otherwise regarding facts of loss.
b. Any photographs of the vehicles involved in the loss, location of the loss, or of the
Plaintiff’s assignor in this matter.
c. Any and all messages, notations or otherwise from Defendant to any of Defendant’s
agents on Defendant’s behalf.
d. Any accident report prepared by any entity, including the Defendant themselves, the
Plaintiff, the insurer, the Plaintiff’s assignor, law enforcement agency or otherwise.
e. Any correspondence to or from anyone, including any insurance agencies,
underwriters, doctors, medical providers, employees or agents or anyone hired to
select doctors for compulsory medical examinations, including law enforcement
agencies,
f. Any interoffice memoranda.L.
Any and all applications for personal injury protection benefits, medical payments
benefits, medical report forms, employer verification forms, and any other
authorization forms of any other kind contained in this file.
Any and all bills received from the Plaintiff medical provider in this action.
Any and all medical documentation received by the Plaintiff medical provider in this
action.
Any and all pre-suit demand letters, or correspondence reporting to be pre-suit
demand letter under Florida Statute §627.736(1 1) from any entity or individual.
Any and all explanation of benefits/explanation of review prepared by the Defendant
whether provided to an individual or not contained in the file for any and all medical
providers who have treated this assignor.
Any special investigation unit (SIU) files.
Any and all correspondence between Defendant and any of Rosa C Valle’s, health care
providers involved in this cause of action, including medical reports received and proof
of any payments made by Defendant or Rosa C Valle.
A copy of the PIP log with appropriate redactions for providers not included in this cause
of action.
A copy of all checks which were issued to pay for medical services provided by Plaintiff.
Please provide any and all surveillance reports, claims history reports, or other
investigative reports that Defendant or anyone acting on Defendant’s behalf made with
regard to the motor vehicle accident as please in Plaintiff’s Complaint.10.
11.
12.
14.
Please provide any and all surveillance reports, claims history reports, or other
investigative reports Defendant or anyone acting on Defendant’s behalf prepared with
regard to this particular Plaintiff.
Please provide any and all surveillance films or photographs Defendant has in their
possession with regard to the Plaintiff, the Plaintiffs assignor, or the motor vehicle as
plead in Plaintiff?s Complaint.
Please provide any and all surveillance films or photographs Defendant has in their
possession with regard to the Plaintiff, the Plaintiff's assignor, or the motor vehicle as
plead in Plaintiff's Complaint.
Please provide any and all statements Defendant has in their possession regarding the
motor vehicle accident as plead in Plaintiff's Complaint, the Plaintiff or Plaintiff's
assignor.
Please provide any and all photographs in the Defendant’s possession showing the
damage, if any to the vehicles involved in the accident as plead in Plaintiffs Complaint
including documentation of the median those photographs were taken and whether or not
such photographs have been developed with traditional film.15.
16.
Please provide any and all writing memoranda notes or other materials reflecting
Defendant’s examination of the vehicles involved in the accident including any and all
estimates and repairs or statements concerning the nature and extent of damage to any
vehicles involved in the accident as plead in Plaintiff's Complaint whether taken by the
Defendant or otherwise.
Please provide any documents that the Defendant intends to rely upon at trial or has
knowledge of that they may wish to rely upon at trial to show the charges as submitted to
Defendant were improper or otherwise not compensated under the policy of insurance
and the Florida Statutes at Issue.CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by
service of process this 30th day of January, 2014, to the above-named addressee.
s/___ Kendrick J. Blackwell
KENDRICK J. BLACKWELL, ESQUIRE
FBN: 46019
R. STANLEY GIPE, P.A., ESQ.
FBN: 0187607
Attorneys for Plaintiff
PIP LAW GROUP OF FLORIDA, P.A.
3135 State Road 580, Ste 8
Safety Harbor, FL 34695
E-Mail: Service @ PIPLawGroup.com
Telephone: (727) 797-5298
Facsimile: (727) 897-5459
Preview
Case Number: 14-000764-SC ***ELECTRONICALLY FILED 1/31/2014 5:24:38 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** Filing # 9796997 Electronically Filed 01/31/2014 05:24:40 PM IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA SMALL CLAIMS LR.C. INTEGRAL REHABILITATION CENTER), LLC, as assignee of ROSA C VALLE, Plaintiff, CASE NO.: vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. REQUEST FOR PRODUCTION To: State Farm Mutual Automobile Insurance Company C/o Insurance Commissioner Department of Financial Services 200 East Gaines St. Tallahassee, FL 32399 Plaintiff, LR.C. UNTEGRAL REHABILITATION CENTER), LLC, request that the Defendant, State Farm Mutual Automobile Insurance Company, to produce and/or permit inspection and copying of the following documents within forty-five (45) days after service of this request. Production and/or inspection and copying to be at PIP LAW GROUP OF FLORIDA, P.A., 3135 State Road 580, Suite 8, Safety Harbor, FL 34695.DEFINITIONS A. Reference in these Interrogatories to "you" or "your" is intended to include, and all corporations, firms and other entities owned or controlled by LR.C. (INTEGRAL REHABILITATION CENTER), LLC, together with the officers, directors, agents, employees and attorneys, and other representatives of such entities now, or any time in the past. B. As used herein, "document" shall mean: Every writing or record of every type and description that is or has been in your possession, control or custody or of which you have knowledge, including, without limitation on the generality of the foregoing, correspondence, memoranda, tapes, stenographic or hand-written notes, studies, publications, books, pamphlets, pictures, films, voice records, maps, reports, surveys, minutes or statistical complications; every copy of such writing or record, where the original is not in your possession, custody or control; and every copy of such writing or record where such copy is not an identical copy of any original or where such copy contains any commentary or notation whatsoever that does appear in the original. Cc. As used herein, "date" shall mean: the exact day, month, and year if ascertainable, or if not, the best approximation (including relationship in time to other events). D. As used herein, "identify" when used in reference to: (1) An individual, shall mean to state his full name, present or last known address (designating which) and present or last known employment, position or business affiliation (designating which) including job title and employment address. (2) A firm, partnership, corporation proprietorship, association, or other organization or entity, shall mean to state its full name and present or last known address (designating which), the legal form of such entity or organization and the residence address, job title and business address for the chief executive officer. (3) Data, shall mean to state: In the case of a document, the title (if any), date, author, sender, recipient, type of document (i.e. letter, memorandum, book, telegram, chart, etc.), or some other means of identifying it, a summary of its contents and its present location or custodian; in the case of an oral communication, the date, the communicator, communicatee, and a sufficient summary of the contents of such oral communication to indicate its nature and substance. (4) The identification of documents covered by these Interrogatories is not required for any such documents which you are willing to produce voluntarily for inspection and copying by the undersigned attorney within the time period specified for your answers or such other time as may be mutually agreed upon.Any and all reports or results of investigation not in anticipation of litigation prepared by any employee of the Defendant, or any other person, relating to the provider(s) in this cause of action. A copy of Rosa C Valle’s policy, which offered coverage to claim number 59A709923. A copy of any opinion upon which the Defendant relied in determining this claim. Any and all reports, documents or interoffice memoranda referencing a written opinion upon which Defendant relied on in formulating its decision to refuse to pay Plaintiff the full amount billed under said policy of insurance. Please provide an entire copy of the personal injury protection file, including covers, maintained by the Defendant or anyone on Defendant’s behalf including all documents, front and back, as contained in that file including but not limited to: a. Any description, notation or otherwise regarding facts of loss. b. Any photographs of the vehicles involved in the loss, location of the loss, or of the Plaintiff’s assignor in this matter. c. Any and all messages, notations or otherwise from Defendant to any of Defendant’s agents on Defendant’s behalf. d. Any accident report prepared by any entity, including the Defendant themselves, the Plaintiff, the insurer, the Plaintiff’s assignor, law enforcement agency or otherwise. e. Any correspondence to or from anyone, including any insurance agencies, underwriters, doctors, medical providers, employees or agents or anyone hired to select doctors for compulsory medical examinations, including law enforcement agencies, f. Any interoffice memoranda.L. Any and all applications for personal injury protection benefits, medical payments benefits, medical report forms, employer verification forms, and any other authorization forms of any other kind contained in this file. Any and all bills received from the Plaintiff medical provider in this action. Any and all medical documentation received by the Plaintiff medical provider in this action. Any and all pre-suit demand letters, or correspondence reporting to be pre-suit demand letter under Florida Statute §627.736(1 1) from any entity or individual. Any and all explanation of benefits/explanation of review prepared by the Defendant whether provided to an individual or not contained in the file for any and all medical providers who have treated this assignor. Any special investigation unit (SIU) files. Any and all correspondence between Defendant and any of Rosa C Valle’s, health care providers involved in this cause of action, including medical reports received and proof of any payments made by Defendant or Rosa C Valle. A copy of the PIP log with appropriate redactions for providers not included in this cause of action. A copy of all checks which were issued to pay for medical services provided by Plaintiff. Please provide any and all surveillance reports, claims history reports, or other investigative reports that Defendant or anyone acting on Defendant’s behalf made with regard to the motor vehicle accident as please in Plaintiff’s Complaint.10. 11. 12. 14. Please provide any and all surveillance reports, claims history reports, or other investigative reports Defendant or anyone acting on Defendant’s behalf prepared with regard to this particular Plaintiff. Please provide any and all surveillance films or photographs Defendant has in their possession with regard to the Plaintiff, the Plaintiffs assignor, or the motor vehicle as plead in Plaintiff?s Complaint. Please provide any and all surveillance films or photographs Defendant has in their possession with regard to the Plaintiff, the Plaintiff's assignor, or the motor vehicle as plead in Plaintiff's Complaint. Please provide any and all statements Defendant has in their possession regarding the motor vehicle accident as plead in Plaintiff's Complaint, the Plaintiff or Plaintiff's assignor. Please provide any and all photographs in the Defendant’s possession showing the damage, if any to the vehicles involved in the accident as plead in Plaintiffs Complaint including documentation of the median those photographs were taken and whether or not such photographs have been developed with traditional film.15. 16. Please provide any and all writing memoranda notes or other materials reflecting Defendant’s examination of the vehicles involved in the accident including any and all estimates and repairs or statements concerning the nature and extent of damage to any vehicles involved in the accident as plead in Plaintiff's Complaint whether taken by the Defendant or otherwise. Please provide any documents that the Defendant intends to rely upon at trial or has knowledge of that they may wish to rely upon at trial to show the charges as submitted to Defendant were improper or otherwise not compensated under the policy of insurance and the Florida Statutes at Issue.CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by service of process this 30th day of January, 2014, to the above-named addressee. s/___ Kendrick J. Blackwell KENDRICK J. BLACKWELL, ESQUIRE FBN: 46019 R. STANLEY GIPE, P.A., ESQ. FBN: 0187607 Attorneys for Plaintiff PIP LAW GROUP OF FLORIDA, P.A. 3135 State Road 580, Ste 8 Safety Harbor, FL 34695 E-Mail: Service @ PIPLawGroup.com Telephone: (727) 797-5298 Facsimile: (727) 897-5459