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Maine.gov > PFR Home > Insurance Regulation> Administrative & Enforcement Actions > Document 516 : INS 99-14 : Hearing Decision
Following a prehearing conference held October 29, 1999, the Superintendent of Insurance issued a Procedural Order establishing March 2, 2000 as the deadline for the filing of expert reports and March 3, 2000 as the deadline for filing a designation of issues. On March 2, 2000 the Maine Medical Association (MMA) filed a request for the enlargement of time to designate additional experts, file expert reports and designate additional issues. The basis for MMAs request is that it is waiting to receive additional discovery from the Applicants that may result in new issues arising and/or the need to retain additional experts.
MMA filed its application to intervene on October 28, 1999. The application was granted on November 12, 1999. A representative of MMA attended the prehearing conference held October 29, 1999 at which the Superintendent established a number of deadlines including the deadlines mentioned above. A Procedural Order was issued on November 4, 1999 confirming the deadlines established. The Notice of Hearing was issued on November 5, 1999.
MMA filed a designation of expert witnesses with a summary of what the witnesses are expected to testify to on March 2, 2000. No experts report has been filed. MMA has asked that it be permitted to name additional witnesses and designate additional issues after the remaining discovery responses are received and reviewed.
As stated by the Superintendent at a conference of counsel held February 25, 2000, and in an Order issued that same day, any party may petition the Superintendent for leave to amend witness and issue designations. Such a request should not be made until a party is aware of the need to designate additional witnesses or issues. Thus, to the extent MMA is seeking permission to add witnesses and issues in the future, the request is DENIED as premature. MMA may renew its request at a later date when a specific need is evident.
As to the filing of expert reports, MMA is aware of the complexity of the pending proceeding and should have considered that in deciding when to make discovery requests as well as whether and when to retain experts. The purpose of having reports filed by March 2nd is to allow the parties to consider the reports in drafting prefiled testimony. MMAs delays should not benefit it to the detriment of other parties in preparation of their prefiled testimony. Accordingly, the request for additional time to file experts reports is DENIED. MMA may not file any reports of experts or present any expert testimony in this proceeding except by leave of the Superintendent.
PER ORDER OF THE SUPERINTENDENT OF INSURANCE
ALESSANDRO A. IUPPA
Superintendent of Insurance
Last Updated: January 21, 2014
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