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18 Fla. L. Weekly Supp. 1117a

Online Reference: FLWSUPP 1811HUNT Insurance — Personal injury protection — Discovery — Compulsory medical examination — Good cause — No error in overruling objections to second CME, to be performed by orthopedic physician, and denying motion for protective order where medical records indicate potential unrelated orthopedic cause for need for pain management after previous CME concluded that no further treatment would be reasonable, related or necessary

18 Fla. L. Weekly Supp. 648d

Online Reference: FLWSUPP 1808SIMO Insurance — Discovery — Claim file — Privilege — Trial court erred in ordering production of documents from insurer’s claim file in first-party dispute over medical bills without considering attorney-client privilege objection — Trial court further erred in ruling that claim file notes and other internal documents were not protected by work product privilege, in failing to consider objections to relevancy of documents sought and in overruling preserved objections to production without affording parties adequate notice and opportunity to be heard — Order compelling production of materials for which attorney-client and work product privileges are invoked presents potential for irreparable harm warranting certiorari relief

18 Fla. L. Weekly Supp. 162c

Online Reference: FLWSUPP 1802GONZ Insurance — Personal injury protection — Appeals — Premature — Certiorari challenge to discovery orders is premature where trial court has entered two irreconcilable orders without vacating either order

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