Volume 10

10 Fla. L. Weekly Supp. 733d

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. 414a

Insurance — Personal injury protection — Discovery — Motion to compel production of documents is denied in part based on finding that responses that insurer has previously produced items or that documents do not exist are sufficient — Insurer ordered to produce plaintiff’s PIP policy and declarations, materials used to train insurer’s personnel on how to deal with plaintiff attorneys, insurer’s publications on PIP issues distributed to PIP adjusters and/or PIP special investigation unit employees in region, and materials used to train PIP SIU employees and managers in region — Insurer to provide more specific response on SIU scorecard on plaintiff’s PIP claim and savings to insurer for market claim offices that handled plaintiff’s PIP claim — Request for all CCPR and insurer publications for four-year period and documents describing savings to insurer nationally as result of use of MBRS on PIP claims denied — Insurer ordered to produce document on defense strategies on PIP lawsuits for in camera inspection to determine relevance and any claim of attorney-client or work product privilege

10 Fla. L. Weekly Supp. 905a

Insurance — Discovery — Documents — In action arising out of insurer’s reductions and non-payment of medical provider’s charges determined not to be reasonable through the use of computer database system, sole issue is reasonableness of medical provider’s charges and amounts paid by insurer, and information regarding insurer’s general claims handling practice is irrelevant — Protective order granted — Claims that information is protected by work product doctrine or attorney-client privilege denied in absence of demonstration of applicability of privileges to specific documents

10 Fla. L. Weekly Supp. 904a

Insurance — Discovery — Documents — In action arising out of insurer’s reductions and non-payment of medical provider’s charges determined not to be reasonable through the use of computer database system, sole issue is reasonableness of medical provider’s charges and amounts paid by insurer, and information regarding insurer’s general claims handling practice is irrelevant — Protective order granted — Claims that information is protected by work product doctrine or attorney-client privilege denied in absence of demonstration of applicability of privileges to specific documents

10 Fla. L. Weekly Supp. 1001a

Civil procedure — Discovery — Insurance — Notes made by agent, servant and/or employee of defendant which would reflect or pertain to any statements made by plaintiff to that individual — Amount of bills paid by defendant’s insurance company — Defendant’s contention that records are maintained by separate department within defendant’s insurance company does not have bearing on this instant proceeding, and defendant is obligated to produce all documentation within its control that is otherwise responsive and not protected by privilege despite fact that other adjusters may have handled different aspects of plaintiff’s claim — Payments made by insurance company and evidence relied upon to support insurer’s less than full payment of bills

10 Fla. L. Weekly Supp. 909a

Insurance — Personal injury protection — Discovery — Interrogatories — Insurer’s motion to compel better responses from medical provider to questions about amounts provider accepts from other sources in payment of services is granted — Where issue in case is reasonableness of medical provider’s charges for treatment rendered to insured, insurer must be able to compare fees provider accepts from other sources to evaluate reasonableness of charges billed to insurer, and therefore, questions about amounts accepted from other sources are reasonably calculated to lead to admissible evidence

10 Fla. L. Weekly Supp. 546d

Insurance — Discovery — Admissions — Where insurer failed to respond or object to medical provider’s request for admissions in timely manner, request for admissions are deemed admitted

10 Fla. L. Weekly Supp. 268b

Insurance — Personal injury protection — Discovery — Admissions — Where insurer failed to file a written, timely motion for leave of court to file untimely responses to request for admissions, motion for request for admissions to be deemed admitted is granted

10 Fla. L. Weekly Supp. 268a

Insurance — Personal injury protection — Discovery — Admissions — Where insurer’s failure to file timely responses to request for admissions and failure to file a written, timely motion for leave of court to file untimely responses are not the result of excusable neglect, but of reckless disregard for the rules of civil procedure, motion for request for admissions to be deemed admitted is granted

10 Fla. L. Weekly Supp. 460a

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fees — Motion to compel deposition of treating physician without expert witness fee is granted