Volume 10

10 Fla. L. Weekly Supp. 438a

Insurance — Small claims — Motion to dismiss or for more definitive statement due to medical provider’s failure to identify dates of service or attach medical bills denied — Motion to invoke rules of civil procedure granted

10 Fla. L. Weekly Supp. 736a

Insurance — Personal injury protection — Discovery — Production of documents — Motion to compel production of surveillance films, photographs, and reports; statements of witnesses taken by insurer; photographs of vehicle damage and scene of accident; estimates of repairs or statements concerning nature and extent of damage to vehicles; writing reflecting insurer’s examination of vehicles; claims history reports, and other investigative reports is denied as such documents are privileged — Motion to compel production of documents reflecting monies paid insurer to company recommending usual and customary reductions in claim is denied as documents are irrelevant — Motion to compel production of records reflecting money paid in past three years to physician who performed independent medical examination or peer review is denied — Interrogatories — Insurer does not have to answer interrogatory requesting information on each medical bill not paid in full — Insurer is not required to answer interrogatories seeking identification of computer program used to review claim, description of how program is supposed to work, description of relationship with company that sold or supplied program, identification of person with most knowledge of program and how it is used, list of materials used to train personnel in use of program, list of personnel knowledgeable about technical aspects of program, list of documents that provide technical information on program, description of program database, list of forms associated with program use, list of reports generated by program, and description of computer program license agreement as interrogatories seek privileged information

10 Fla. L. Weekly Supp. 735a

Insurance — Personal injury protection — Discovery — Production of documents — Motion to compel production of surveillance films, photographs, and reports; statements of witnesses taken by insurer; photographs of vehicle damage and scene of accident; estimates of repairs or statements concerning nature and extent of damage to vehicles; writing reflecting insurer’s examination of vehicles; claims history reports, and other investigative reports is denied as such documents are privileged — Motion to compel production of documents reflecting monies paid insurer to company recommending usual and customary reductions in claim is denied as documents are irrelevant — Motion to compel production of records reflecting money paid in past three years to physician who performed independent medical examination or peer review is denied — Interrogatories — Insurer does not have to answer interrogatory requesting information on each medical bill not paid in full — Request for specification regarding privileges claimed is denied where insurer has already filed privilege log — Insurer is not required to answer interrogatories seeking identification of computer program used to review claim, description of how program is supposed to work, description of relationship with company that sold or supplied program, identification of person with most knowledge of program and how it is used, list of materials used to train personnel in use of program, list of personnel knowledgeable about technical aspects of program, list of documents that provide technical information on program, description of program database, list of forms associated with program use, list of reports generated by program, and description of computer program license agreement as interrogatories seek privileged information

10 Fla. L. Weekly Supp. 209b

Insurance — Personal injury protection — Discovery — Work product — Despite work product objection, insurer is compelled to produce photographs showing damage to motor vehicle before any damage was repaired and before vehicle was sold, disposed of or junked — Insurer’s repair estimate is not protected by work product privilege

10 Fla. L. Weekly Supp. 45a

Insurance — Personal injury protection — Discovery — Privilege — Work product — Contents of videotape of compulsory exam made at direction of insured’s attorney in anticipation of litigation is work product until it is determined that video will be used as evidence at trial — Motion to compel denied, but insured shall produce video once she determines to use it as evidence or will be precluded from use at trial

10 Fla. L. Weekly Supp. 1021b

Insurance — Personal injury protection — Declaratory judgment action filed by provider/assignee seeking declaration that it is entitled to receive PIP log under section 627.736(6)(d) and a “Dec” sheet under section 627.4137 — Plaintiff does not have right to requested information under these statutes

10 Fla. L. Weekly Supp. 439a

Insurance — Personal injury protection — Discovery — Insurer agrees to provide peer review reports and information on payments made over last 3 years to peer review doctor

10 Fla. L. Weekly Supp. 645b

Insurance — Discovery — Insurer’s failure to timely respond to interrogatories waived all objections other than privilege objections — Motion to compel better answers granted

10 Fla. L. Weekly Supp. 842b

Insurance — Discovery — Interrogatories — Insurer’s failure to timely respond has resulted in waiver of all objections to interrogatories other than privilege objections — Motion to compel better answers granted

10 Fla. L. Weekly Supp. 134a

Insurance — Personal injury protection — Discovery — Interrogatories — Motion to compel better answers — Although insurer does not currently have information it would need to fully and properly answer questions about number of peer reviews performed and income earned from peer reviews in past year by physician who performed peer review upon which insurer based its denial of claim, insurer is ordered to obtain information from physician and serve better answers to interrogatories