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Filing # 135475622 E-Filed 09/28/2021 02:25:53 PM
IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT,
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
SMALL CLAIMS DIVISION
BRETT M. HERRINGTON, D.C., P.A., as
assignee of JAYDEN MCGREGOR,
Plaintiff(s)
vs. Case No./ Division: 21-CC-075699 Division
M
GEICO INDEMNITY COMPANY,
Defendant(s)
_____________________________________/
DEFENDANT’S RESPONSE TO PLAINTIFF’S REQUEST TO PRODUCE
Defendant, GEICO Indemnity Company (“Defendant”), provides these responses to
Plaintiff’s, BRETT M. HERRINGTON, D.C., P.A., as assignee of JAYDEN MCGREGOR
(“Plaintiff”), Request to Produce, and states:
Preliminary Response Regarding Privilege Logs
Although a privilege log is required if the information sought is discoverable, the obligation
to file a privilege log does not arise until there has been a ruling on a scope of discovery objection.
See DLJ Mortgage Capital, Inc. v. Fox, 112 So.3d 644 (Fla. 4th DCA 2013); See also State Farm
Florida Insurance Co. v. Coburn, 136 So.3d 711 (Fla. 2d DCA 2014) (holding that State Farm did
not waive its privileges by failing to file a privilege log prior to filing its objections).
Specific Response to Each Request
1. A copy of all insurance policies that would be of benefit to the Plaintiff here, a declaration of
coverage in regard to the policy that the insured is covered under, a sworn statement of a
corporate officer or Defendant attesting to the coverage and authenticity of the policy as
required by Florida Statutes.
9/28/2021 2:25 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1
Response: Defendant will provide a copy of the insurance policy under separate cover.
2. The entire PIP file maintained by you or anyone on your behalf with regard to the Plaintiff,
cover to cover, including original jackets and everything contained within the file, including
but not limited to:
a. All notations regarding notice of the accident;
b. All notifications of telephone conversations, including messages;
c. All accident reports prepared by you, any law enforcement agencies, or your
insured;
d. All interoffice memoranda;
e. All correspondence to or from anyone, including but not limited to any insurance
agencies and doctor’s offices, any employers; and agencies hired to select doctors
for Independent Medical Examinations; and any law enforcement agencies.
f. An and all PIP forms, including but not limited to PIP applications; medical report
forms; employer verification forms, authorization forms and any other forms
contained in said file; and,
g. All records of the time expended on file or costs expended file in the handling of any
aspect of the Plaintiff’s claim.
For any and all documents for which Defendant claims a privilege, please include a
brief description of the document, to include the number of pages, to assist the court
should an in camera inspection be necessary.
Response: Defendant objects to this request and its subparts (A) to (G) on the
grounds that certain portions of the request may contain proprietary, confidential
material or material subject to the work product and/or attorney-client privileges.
Defendant further objects to this request and its subparts (A) to (G) on the grounds
that certain portions are overly broad, vague, ambiguous, beyond the scope of
discovery and are not relevant or calculated to lead to the discovery of admissible
evidence. In a first party, breach of contract action, material such as insurer’s
claims file, investigative reports, adjuster notes, underwriting files, company policies
and manuals, training materials, personnel files and other related internal
9/28/2021 2:25 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
documents are irrelevant to the first party dispute and, therefore, not discoverable
during the first party action. See Castle Key Ins. Co. v. Benitez, 124 So. 3d 379, 380
n.1 (Fla. 3d DCA 2013); State Farm Florida Insurance Company v. Meir Aloni,
Case No, 4D11-4798 (Fla. 4th DCA 2012) (citing Superior Ins. Co. v. Holden, 642
So.2d 1139 (Fla. 4th DCA 1994)); Seminole Casualty Ins. Co. v. Mastrominas, 6
So.3d 1256 (Fla. 2d DCA 2009); Nationwide Ins. Co. of Florida v. Demmo, 57 So.3d
982 (Fla. 2nd DCA 2011); and State Farm Mut. Auto. Ins. Co. v. Tranchese, 49 So.3d
809 (Fla. 4th DCA 2010) see also Granada Ins. Co. v. Carl Ricks, 12 So.3d 276
(Fla.3d DCA 2009); State Farm Fire and Cas. Co. v. Valido, 662 So.2d 1012 (Fla. 3d
DCA 1995); GEICO v. Rodriguez, 960 So.2d 794 (Fla. 3d DCA 2007); State Farm
Fla. Ins. Co. v. Gallmon, 835 So.2d 389 (Fla. 2d DCA 2003); Federal Ins. Co. v. Hall,
708 So.2d 976 (Fla. 3d DCA 1998); Liberty Mutual Ins. Co. v. Farm, Inc., 754 So.2d
865 (Fla. 3d DCA 2000); Palmer v. Westfield Ins. Co., 2006 WL 2612168 (M.D.Fla.),
19 Fla. L. Weekly Fed. D 902 (2006); State Farm Mutual Automobile Ins. Co. v.
Plantation Open MRI, Order Granting Petition for Writ of Certiorari, Quashing
Trial Court’s Order on Plaintiff’s Second Motion to Compel Better Response to
Request for Production (Adjustor Notes), 17th Judicial Circuit (Appellate), Case
No.: 09-56235 CACE (09), September 7, 2010; and State Farm Fire and Casualty
Co. v. North Lauderdale Chiropractic Center, Inc., Opinion Quashing Trial Court
Order, 17th Judicial Circuit (Appellate), Case No.: 09-064929, May 20, 2010.
Without waiving these objections, Defendant will provide under separate
cover all relevant, non-privileged portions of the Personal Injury Protection file.
3. Copies of all records transmitted by you in any form whatsoever to any physician’s office or
health care provider’s office concerning the insured’s physical and/or mental condition.
Response: Defendant objects to the request as vague and ambiguous because “records”
is not defined.
4. Any and all surveillance reports, claims history reports or other investigative reports
prepared by you or on your behalf with regard to the insured, or the Plaintiff.
9/28/2021 2:25 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
Response: Defendant objects to this request on the grounds that certain portions of
the request may contain proprietary, confidential material or material subject to the
work product and/or attorney-client privileges. Defendant further objects to this
request on the grounds that certain portions are overly broad, vague, ambiguous,
beyond the scope of discovery and are not relevant or calculated to lead to the
discovery of admissible evidence. In a first party, breach of contract action, material
such as insurer’s claims file, investigative reports, adjuster notes, underwriting files,
company policies and manuals, training materials, personnel files and other related
internal documents are irrelevant to the first party dispute and, therefore, not
discoverable during the first party action as stated supra.
5. A current PIP payout sheet on the insured, regarding the 9/13/20 accident.
Response: Defendant will provide a PIP payout sheet under separate cover.
6. Any and all estimates of repair or statements concerning the nature and extent of damage to
any of the vehicles involved in the 9/13/20 accident.
Response: Defendant objects to this request as the request seeks material that is
neither relevant nor either admissible or reasonably calculated to lead to admissible
evidence.
7. IME reports or records on the insured, and all documentation (of any kind, whether sent by
fax or mail) to and from any company for the purpose of obtaining an IME report or records.
Response: Defendant will provide any IME reports that exist for the claim addressed
by this lawsuit under separate cover. Otherwise, Defendant objects to the request.
8. EMC reports or records on the insured, and all documentation (of any kind, whether sent by
fax or mail) to and from any company for the purpose of obtaining an EMC report or
records, and/or any reports submitted to Defendant.
Response: Defendant objects to the request as vague and ambiguous because “records”
is not defined. Otherwise, none.
9. Any and all documentation regarding any Peer Review done regarding the insured’s
treatment, including but not limited to:
a. All Peer Review Reports.
9/28/2021 2:25 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4
b. All records sent and/or used by the Peer Review Provider
Response: None.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
Electronic Mail on this, the 28th day of September, 2021 to the following designated service
email address(es): Daniel Smith, Esq., Morgan & Morgan, dansmith@forthepeople.com,
Kboussebaa@forthepeople.com.
Law Office of David S. Dougherty
/s/ Chad Sliger
Chad Sliger, Esq.
(Employees of GEICO General Insurance Company)
Florida Bar No.: 122104
4300 West Cypress Street, STE 900
Tampa, Florida 33607
Phone: 813-439-6315
Facsimile: (813) 439-6399
Attorney for Defendant(s)
Service Email: TampaPIPGeico@geico.com
9/28/2021 2:25 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5
Preview
Filing # 135475622 E-Filed 09/28/2021 02:25:53 PM IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA SMALL CLAIMS DIVISION BRETT M. HERRINGTON, D.C., P.A., as assignee of JAYDEN MCGREGOR, Plaintiff(s) vs. Case No./ Division: 21-CC-075699 Division M GEICO INDEMNITY COMPANY, Defendant(s) _____________________________________/ DEFENDANT’S RESPONSE TO PLAINTIFF’S REQUEST TO PRODUCE Defendant, GEICO Indemnity Company (“Defendant”), provides these responses to Plaintiff’s, BRETT M. HERRINGTON, D.C., P.A., as assignee of JAYDEN MCGREGOR (“Plaintiff”), Request to Produce, and states: Preliminary Response Regarding Privilege Logs Although a privilege log is required if the information sought is discoverable, the obligation to file a privilege log does not arise until there has been a ruling on a scope of discovery objection. See DLJ Mortgage Capital, Inc. v. Fox, 112 So.3d 644 (Fla. 4th DCA 2013); See also State Farm Florida Insurance Co. v. Coburn, 136 So.3d 711 (Fla. 2d DCA 2014) (holding that State Farm did not waive its privileges by failing to file a privilege log prior to filing its objections). Specific Response to Each Request 1. A copy of all insurance policies that would be of benefit to the Plaintiff here, a declaration of coverage in regard to the policy that the insured is covered under, a sworn statement of a corporate officer or Defendant attesting to the coverage and authenticity of the policy as required by Florida Statutes. 9/28/2021 2:25 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 Response: Defendant will provide a copy of the insurance policy under separate cover. 2. The entire PIP file maintained by you or anyone on your behalf with regard to the Plaintiff, cover to cover, including original jackets and everything contained within the file, including but not limited to: a. All notations regarding notice of the accident; b. All notifications of telephone conversations, including messages; c. All accident reports prepared by you, any law enforcement agencies, or your insured; d. All interoffice memoranda; e. All correspondence to or from anyone, including but not limited to any insurance agencies and doctor’s offices, any employers; and agencies hired to select doctors for Independent Medical Examinations; and any law enforcement agencies. f. An and all PIP forms, including but not limited to PIP applications; medical report forms; employer verification forms, authorization forms and any other forms contained in said file; and, g. All records of the time expended on file or costs expended file in the handling of any aspect of the Plaintiff’s claim. For any and all documents for which Defendant claims a privilege, please include a brief description of the document, to include the number of pages, to assist the court should an in camera inspection be necessary. Response: Defendant objects to this request and its subparts (A) to (G) on the grounds that certain portions of the request may contain proprietary, confidential material or material subject to the work product and/or attorney-client privileges. Defendant further objects to this request and its subparts (A) to (G) on the grounds that certain portions are overly broad, vague, ambiguous, beyond the scope of discovery and are not relevant or calculated to lead to the discovery of admissible evidence. In a first party, breach of contract action, material such as insurer’s claims file, investigative reports, adjuster notes, underwriting files, company policies and manuals, training materials, personnel files and other related internal 9/28/2021 2:25 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 documents are irrelevant to the first party dispute and, therefore, not discoverable during the first party action. See Castle Key Ins. Co. v. Benitez, 124 So. 3d 379, 380 n.1 (Fla. 3d DCA 2013); State Farm Florida Insurance Company v. Meir Aloni, Case No, 4D11-4798 (Fla. 4th DCA 2012) (citing Superior Ins. Co. v. Holden, 642 So.2d 1139 (Fla. 4th DCA 1994)); Seminole Casualty Ins. Co. v. Mastrominas, 6 So.3d 1256 (Fla. 2d DCA 2009); Nationwide Ins. Co. of Florida v. Demmo, 57 So.3d 982 (Fla. 2nd DCA 2011); and State Farm Mut. Auto. Ins. Co. v. Tranchese, 49 So.3d 809 (Fla. 4th DCA 2010) see also Granada Ins. Co. v. Carl Ricks, 12 So.3d 276 (Fla.3d DCA 2009); State Farm Fire and Cas. Co. v. Valido, 662 So.2d 1012 (Fla. 3d DCA 1995); GEICO v. Rodriguez, 960 So.2d 794 (Fla. 3d DCA 2007); State Farm Fla. Ins. Co. v. Gallmon, 835 So.2d 389 (Fla. 2d DCA 2003); Federal Ins. Co. v. Hall, 708 So.2d 976 (Fla. 3d DCA 1998); Liberty Mutual Ins. Co. v. Farm, Inc., 754 So.2d 865 (Fla. 3d DCA 2000); Palmer v. Westfield Ins. Co., 2006 WL 2612168 (M.D.Fla.), 19 Fla. L. Weekly Fed. D 902 (2006); State Farm Mutual Automobile Ins. Co. v. Plantation Open MRI, Order Granting Petition for Writ of Certiorari, Quashing Trial Court’s Order on Plaintiff’s Second Motion to Compel Better Response to Request for Production (Adjustor Notes), 17th Judicial Circuit (Appellate), Case No.: 09-56235 CACE (09), September 7, 2010; and State Farm Fire and Casualty Co. v. North Lauderdale Chiropractic Center, Inc., Opinion Quashing Trial Court Order, 17th Judicial Circuit (Appellate), Case No.: 09-064929, May 20, 2010. Without waiving these objections, Defendant will provide under separate cover all relevant, non-privileged portions of the Personal Injury Protection file. 3. Copies of all records transmitted by you in any form whatsoever to any physician’s office or health care provider’s office concerning the insured’s physical and/or mental condition. Response: Defendant objects to the request as vague and ambiguous because “records” is not defined. 4. Any and all surveillance reports, claims history reports or other investigative reports prepared by you or on your behalf with regard to the insured, or the Plaintiff. 9/28/2021 2:25 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 Response: Defendant objects to this request on the grounds that certain portions of the request may contain proprietary, confidential material or material subject to the work product and/or attorney-client privileges. Defendant further objects to this request on the grounds that certain portions are overly broad, vague, ambiguous, beyond the scope of discovery and are not relevant or calculated to lead to the discovery of admissible evidence. In a first party, breach of contract action, material such as insurer’s claims file, investigative reports, adjuster notes, underwriting files, company policies and manuals, training materials, personnel files and other related internal documents are irrelevant to the first party dispute and, therefore, not discoverable during the first party action as stated supra. 5. A current PIP payout sheet on the insured, regarding the 9/13/20 accident. Response: Defendant will provide a PIP payout sheet under separate cover. 6. Any and all estimates of repair or statements concerning the nature and extent of damage to any of the vehicles involved in the 9/13/20 accident. Response: Defendant objects to this request as the request seeks material that is neither relevant nor either admissible or reasonably calculated to lead to admissible evidence. 7. IME reports or records on the insured, and all documentation (of any kind, whether sent by fax or mail) to and from any company for the purpose of obtaining an IME report or records. Response: Defendant will provide any IME reports that exist for the claim addressed by this lawsuit under separate cover. Otherwise, Defendant objects to the request. 8. EMC reports or records on the insured, and all documentation (of any kind, whether sent by fax or mail) to and from any company for the purpose of obtaining an EMC report or records, and/or any reports submitted to Defendant. Response: Defendant objects to the request as vague and ambiguous because “records” is not defined. Otherwise, none. 9. Any and all documentation regarding any Peer Review done regarding the insured’s treatment, including but not limited to: a. All Peer Review Reports. 9/28/2021 2:25 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4 b. All records sent and/or used by the Peer Review Provider Response: None. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Electronic Mail on this, the 28th day of September, 2021 to the following designated service email address(es): Daniel Smith, Esq., Morgan & Morgan, dansmith@forthepeople.com, Kboussebaa@forthepeople.com. Law Office of David S. Dougherty /s/ Chad Sliger Chad Sliger, Esq. (Employees of GEICO General Insurance Company) Florida Bar No.: 122104 4300 West Cypress Street, STE 900 Tampa, Florida 33607 Phone: 813-439-6315 Facsimile: (813) 439-6399 Attorney for Defendant(s) Service Email: TampaPIPGeico@geico.com 9/28/2021 2:25 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5