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18 Fla. L. Weekly Supp. 389a

Online Reference: FLWSUPP 1804STGE Insurance — Appeals — Certiorari — Discovery order — Certiorari petition challenging discovery order is dismissed for lack of jurisdiction where only claim is that deposition will result in undue burden, and there is no record evidence to support claim

18 Fla. L. Weekly Supp. 378a

Online Reference: FLWSUPP 1804COHE Insurance — Discovery — Appeals — Certiorari challenge to discovery order is dismissed where insurer suggests only that discovery will result in undue burden, and there is no evidence to support objector’s claim of unwarranted discovery

18 Fla. L. Weekly Supp. 265c

Online Reference: FLWSUPP 1803GOME

Insurance — Personal injury protection — Discovery — Admissions — No abuse of discretion in granting relief from admissions — Denial of benefits — Error to exclude insurer’s medical expert on ground that peer review was not obtained prior to denial of benefits — Requirement of prior valid medical report does not apply where insurer has denied benefits

18 Fla. L. Weekly Supp. 968a

Online Reference: FLWSUPP 1810JIMEInsurance — Personal injury protection — Discovery — Petition for writ of certiorari challenging order to produce adjuster notes generated up until receipt of demand letter is granted — Trial court departed from essential requirements of law by ordering production without reviewing privilege log, individually analyzing work product objections and conducting in camera inspection and insurer will suffer irreparable harm from disclosure of work product

18 Fla. L. Weekly Supp. 84a

Online Reference: FLWSUPP 1801MPAUInsurance — Personal injury protection — Discovery — Depositions of nonparties — Discovery related to ownership and control of medical provider and validity of registration exemption issued by Agency for Healthcare Administration is overbroad and irrelevant — Discovery as to nonparties who previously owned provider and currently provide management services to provider is limited to specific billing and treatment issues related to insured

18 Fla. L. Weekly Supp. 1170a

Online Reference: FLWSUPP 1811HANLInsurance — Discovery — Depositions — Insurer is entitled to take depositions of treating physician and medical provider’s billing and records custodian prior to provider taking deposition of insurer’s corporate representatives to ensure that all relevant issues are developed prior to taking representatives’ deposition so that they could be prepared for deposition

18 Fla. L. Weekly Supp. 507b

Online Reference: FLWSUPP 1806DESIInsurance — Discovery — Depositions — Location for depositions of insurance adjusters is restricted to county of their residence or employment

18 Fla. L. Weekly Supp. 287a

Online Reference: FLWSUPP 1803CARTInsurance — Discovery — Depositions — Sanctions are imposed on insurer that failed to bring to deposition claim file and notes listed in notice of taking deposition and failed to schedule motion for protective order for hearing prior to deposition — Mediation — Sanctions are imposed on insurer for failure to comply with order requiring named defendant to appear at mediation

18 Fla. L. Weekly Supp. 156a

Online Reference: FLWSUPP 1802KLEIInsurance — Personal injury protection — Discovery — Depositions — Expert witness fees — No error in awarding expert witness fees for deposition of physician who supervised treating physician — Summary judgment — No error in failing to consider peer review without affidavit and entering summary judgment in favor of medical provider as to bills for chiropractic treatment — Error to enter summary judgment in favor of provider as to bills for orthopedic evaluation where affidavit and peer review report create genuine issue of material fact as to reasonableness, relatedness and necessity of evaluation

18 Fla. L. Weekly Supp. 893b

Online Reference: FLWSUPP 1809WHITInsurance — Discovery — Depositions — Physician is entitled to expert witness fee for deposition testimony

18 Fla. L. Weekly Supp. 665a

Online Reference: FLWSUPP 1808ROTOCivil procedure — Discovery — Depositions — Where depositions of plaintiff’s treating physicians were taken by plaintiff’s counsel before defendants hired and were required to designate expert witnesses, it is appropriate for defendants to take depositions of physicians — Court orders advance payment for two hours of testimony at $500 per hour and provides that, if physician refuses to appear for that sum, plaintiff may elect to pay additional sums or risk exclusion of witness

18 Fla. L. Weekly Supp. 913a

Online Reference: FLWSUPP 1809CICIInsurance — Personal injury protection — Disclosure and acknowledgment form — Affirmative defense that medical provider failed to file D&A form with insurer and failed to file form for treatment subsequent to initial treatment is legally insufficient to avoid summary judgment where statute does not specify remedy for failing to properly complete D&A form and does not require submission of form to insurer or require form for any services after first treatment — Independent medical examination — Failure to attend — Error to enter summary judgment where insurer raised IME no-show defense — Trial court’s disallowance of bills received by insurer after IME cutoff letter did not correctly recognize IME no-show defense where all charges received by insurer after date of missed IME should have been disallowed — Discovery — Depositions — No error in requiring insurer to pay expert witness fee for deposition testimony of treating physician — Reverse as to IME no-show defense and remand to redetermine amount of judgment based on date of receipt of bills