Volume 10

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PROGRESSIVE EXPRESS INSURANCE COMPANY, Appellant, vs. PROFESSIONAL MEDICAL GROUP, INC., a/a/o Jurden Ugalde, Appellee.

10 Fla. L. Weekly Supp. 973a

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician — Where insurer seeks to depose treating physician employed by plaintiff medical provider regarding medical care and treatment provided to insured, trial court did not err in holding that witness is entitled to expert witness fee — If insurer seeks only factual testimony regarding medical care and treatment, it has option to depose physician’s medical records custodian

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DR. ROBERT SIMON (Rosalie Madden), Plaintiff, vs. PROGRESSIVE EXPRESS INS. CO., Defendant.

10 Fla. L. Weekly Supp. 933a

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician who testifies regarding his knowledge of patient’s treatment, diagnosis or prognosis is fact witness not entitled to expert witness fee since opinion is based on information acquired from physician’s personal observations rather than information provided by a party in anticipation of litigation or in preparation for trial — Question certified

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