Filing # 201123844 E-Filed 06/22/2024 12:18:31 AM
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`Plaintiff,
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`ALLIED HEALTHCARE OF CENTRAL
`FLORIDA, INC A/A/O FLORCIE EYMA,
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`vs.
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`GEICO GENERAL INSURANCE COMPANY,
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`Defendant.
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`_______________________________________
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`IN THE COUNTY COURT IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
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`CASE NO:
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`PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS TO DEFENDANT
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`The Plaintiff, by and through the undersigned legal counsel and pursuant to Florida Rule
`of Civil Procedure 1.370, hereby propounds this First Request for Admissions on the Defendant,
`to be answered in writing, under oath, within the time allowed in accordance with the Florida
`Rules of Civil Procedure.
`1.
`At all times material to the Complaint, Defendant was a corporation duly licensed
`to transact insurance business in the State of Florida, and has agents in Broward
`County, Florida for the transaction of its customary business in Florida.
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`2.
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`3.
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`4.
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`5.
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`6.
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`The Defendant’s business name as set forth in Plaintiff’s Complaint is the correct
`insurer for the case at bar.
`Defendant insured the patient under an automobile insurance policy which
`provides PIP benefits for the subject accident pursuant to Florida Statute 627.736
`and said policy was in full force and effect on the subject date of loss.
`The assignor/patient was involved in a motor vehicle loss on the date as stated in
`Plaintiff’s Complaint.
`The Plaintiff’s HCFA(s) at issue is/are in compliance with the billing
`requirements pursuant to Florida Statute 627.736.
`The Defendant failed to notify the Plaintiff of any alleged defect in its billing
`prior to the institution of the case at bar.
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`1
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`251567
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`7.
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`9.
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`10.
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`11.
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`12.
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`The assignor/patient or his/her attorneys provided the Defendant with a completed
`PIP application.
`The Defendant has no evidence that the insured committed a material
`misrepresentation on his/her application for insurance with the Defendant.
`The Defendant has not obtained an IME or peer review report by the same
`licensing chapter as the bills at issue
`The Defendant does not have proof that the assignor/patient unreasonably refused
`to attend an EUO.
`The Defendant does not have proof that the assignor/patient unreasonably refused
`to attend an IME.
`All benefits previously paid by Defendant to Plaintiff relative to the loss at issue
`are “reasonable,” “related” and “necessary” to the subject loss.
`13. All medical expenses submitted by Plaintiff to Defendant which have not yet been
`paid are “reasonable,” “related” and “necessary.”
`A deductible does not apply, in whole, or in part, to Plaintiff’s bill(s).
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`14.
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`16.
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`17.
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`18.
`19.
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`21.
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`22.
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`The Defendant failed to provide an itemized specification as to each of Plaintiff’s
`bills denied or reduced by Defendant.
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`The Defendant failed to notify the Plaintiff of any alleged defects in its HCFAs
`prior to the institution of this action.
`The Defendant did not request the Plaintiff provide additional information in
`relation to its bills prior to the institution of this action.
`The Plaintiff complied with all of Defendant’s requests for additional information.
`All of Plaintiff’s bills were timely submitted to Defendant.
`The Plaintiff’s demand letter(s) complied with Florida Statute 627.736 (10).
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`The Defendant failed to notify the Plaintiff of any alleged defects in Plaintiff’s
`demand letter(s).
`The Defendant has received a finding from a physician licensed under chapter 458
`or chapter 459, a dentist licensed under chapter 466, a physician assistant licensed
`under chapter 458 or chapter 459, or an advanced practice registered nurse
`licensed under chapter 464 that the assignor/patient incurred an emergency
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`2
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`251567
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`medical condition as a direct result of the motor vehicle accident on the date of
`loss as stated in Plaintiff’s Complaint.
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`THE SCHILLER KESSLER GROUP, PLC, hereby files this Notice of Designation of
`Email Address for service as counsel on behalf of Plaintiff, and requests that copies of pleadings
`in
`the
`above
`styled
`case
`of
`action
`hereafter
`be
`sent
`via E-Mail
`to
`PIPservice@injuredinflorida.com.
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`DATED this 21st day of June, 2024.
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`THE SCHILLER KESSLER GROUP, PLC
`Attorneys for Plaintiff
`4640 S. University Drive
`Davie, FL 33328
`Telephone: (954) 933-3000
`Facsimile: (954) 206-1907
`Email: pipservice@injuredinflorida.com
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`By: /s/ Theophilos Poulopoulos
` Theophilos Poulopoulos, Esq.
` Florida Bar No.: 98070
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`3
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`251567
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