Volume 10

10 Fla. L. Weekly Supp. 439b

Insurance — Personal injury protection — Discovery — Insurer ordered to provide amended answers to interrogatories and amended response to request for production and to provide privilege log to support any objections based on privilege

10 Fla. L. Weekly Supp. 916b

Insurance — Discovery — Interrogatories — Objections to questions regarding doctors who were requested by insurer to conduct medical examinations of plaintiff on the grounds that questions are irrelevant, overbroad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible or relevant evidence are overruled

10 Fla. L. Weekly Supp. 1057a

Insurance — Personal injury protection — Discovery — Objections to requests to produce documents, requests for admissions, and interrogatories seeking information concerning databases and computer programs utilized by insurer to determine reasonableness of charges and amounts allowed on grounds that discovery seeks proprietary materials, confidential research, commercial information, and trade secrets are overruled — If insurer fails to completely respond to discovery requests, it will be prohibited from relying on or utilizing computer software in its defense

10 Fla. L. Weekly Supp. 384a

Insurance — Personal injury protection — Discovery — Production of documents — Challenge to order requiring insurer denying claim for cervical videofluoroscopy to produce every peer review and independent medical examination report, recommendation, or opinion to insurer generated by IME physician concerning medical provider’s videofluoroscopy for last three years — Requested information is not irrelevant since purpose is to show possible bias of IME physician — Discovery order is not overly burdensome where trial court required production of only those reports that insurer already possesses, narrowed the request, and left door open for insurer to request relief after good faith effort — IME physician’s willingness to admit on stand to 99.9% denial rate does not render requested production unnecessary where in deposition testimony IME physician was unable to offer specific numbers of reports or to support the idea that he had even once found test medically necessary and denied keeping copies of his reports such that cross-examination of IME physician would not be adequate substitute for production of reports — Petition for writ of certiorari dismissed

10 Fla. L. Weekly Supp. 644c

Insurance — Discovery — Insurer that failed to respond timely to discovery requests has waived all non-privileged objections thereto — Insurer is ordered to provide better responses to interrogatories and requests for production and file privilege log for any asserted objections based on privilege

10 Fla. L. Weekly Supp. 974a

Civil procedure — Discovery — Failure to comply — Sanctions — Due process — Error to deny motion for sanctions which related to post-judgment discovery violations without affording movant an opportunity to be heard

10 Fla. L. Weekly Supp. 862a

Insurance — Personal injury protection — Discovery — Failure to comply — Where insurer had insured’s application for PIP benefits for prior accident in its possession at time of discovery request for entire PIP file including applications, and insurer did not produce application, which it allegedly did not realize it had, insurer’s discovery response was not complete at time it was made — Test of completeness is not subjective test based on what documents insurer realized it had but objective test of what documents were in insurer’s possession — No merit to insurer’s argument that it had no duty to supply application because it was not under continuing duty to supplement response to request to produce where original response was not complete — Error to find that failure to produce application was cured by disclosure of existence of application by insurer’s exhibit list where generic entry for “PIP file” did not disclose existence of application — Entry for impeachment exhibits did not disclose existence of application where, although it was foreseeable by insurer from insured’s deposition that insurer would use application to impeach insured’s testimony about prior injuries, insurer’s counsel never disclosed existence of application to insured’s counsel and misrepresented to insured’s counsel that he would only be using medical records, photographs of insured’s car, and the insurance policy, lulling insured’s counsel into believing no other documents existed and not examining insurer’s exhibits — Although application was document insured had filed, where insured never remembered filing application and did not remember what injuries she listed, there is surprise in fact requiring new trial

10 Fla. L. Weekly Supp. 266b

Insurance — Personal injury protection — Discovery — Depositions — Treating physician/plaintiff is not entitled to expert witness fee — While treating physician is an expert as defined by rule 1.390(a), he did not acquire or develop expert knowledge for purposes of litigation, but rather, in course of attempting to make patient well

10 Fla. L. Weekly Supp. 262b

Insurance — Personal injury protection — Discovery — Motion to compel insurer to provide better answers to interrogatories and requests for production relating to database used to determine reasonableness of charges is granted

10 Fla. L. Weekly Supp. 739a

Insurance — Personal injury protection — Discovery — Production of documents — Interrogatories — Insurer must produce all documentation and information requested regarding monies paid to and insurer’s relationship to company whose computer program is used to process claims and reduce medical bills and physician developer of program, databases used in reduction of bills, money saved by use of program, and errors made by program that is related to any information or documentation insurer intends to rely upon or refer to in its defense