Volume 11

11 Fla. L. Weekly Supp. 162a

Insurance — Personal injury protection — Discovery — Interrogatories — Objections to interrogatories related to data used to reduce CPT codes are overruled — Database and data provided must be kept confidential, may be used only on instant case and by persons/entities involved on case, and will be placed under seal if they are to be made part of any public record associated with case

11 Fla. L. Weekly Supp. 115a

Insurance — Discovery — Insurer’s claim manuals, training materials, and related documents — Privilege — Argument in opposition to production of documents that materials fall under definition of trade secrets or confidential business information cannot be resolved without in camera review — Ruling on plaintiff’s motion for sanctions reserved until completion of in camera review

11 Fla. L. Weekly Supp. 25a

Insurance — Personal injury protection — Discovery — Videotape of compulsory physical examination — Plaintiff’s use of his privacy rights as grounds to prevent production of video of physical examination is not persuasive where plaintiff requested intrusion into his privacy by requesting presence of videographer at exam — Privilege — Work product — Video of examination is not akin to a surveillance video taken of personal injury claimant by insurer where video is not result of clandestine unilateral investigation, but was created by permission of the court to benefit both parties by avoiding additional disputes — Even if video were work product, circumstances would warrant its production where there is no suggestion that video contains mental impressions, conclusions, opinions or legal theories of counsel or that review of tape would disclose strategic, confidential or privileged information, there is no indication that any prejudice would inure to plaintiff if tape was made available to insurer, and insurer cannot obtain precise record of physical exam in any other fashion

11 Fla. L. Weekly Supp. 436a

Insurance — Disability — Total disability — Burden of proof of continued total disability when insurer has started and then discontinued disability payments — Where policy defines total disability as meaning inability of insured to perform duties of his occupation during first two years of disability and thereafter complete inability to engage in any gainful occupation in which he might reasonably be expected to engage, and policy further provides that insurer was not obligated to pay benefits for period until written proof of loss for period was furnished by insured, insured’s continued total disability was condition precedent to insurer’s obligation to pay further benefits, and burden of proof that total disability continued is on insured — Unlike in cases in which policy establishes presumption of total disability after payment of benefits for some period of time, here burden of proof does not shift to insurer to establish total disability ceased, notwithstanding payment of disability benefits

11 Fla. L. Weekly Supp. 582a

Insurance — Personal injury protection — Discovery — Depositions — Medical provider may not depose witness at this time, but may depose later if discovery indicates witness has personal knowledge of issues in case and knowledge becomes part of record

11 Fla. L. Weekly Supp. 650a

Insurance — Automobile — Discovery — Depositions — Failure of subpoenaed witness to appear — Sanctions — Former owner of plaintiff/assignee who failed to appear for deposition is ordered to appear for deposition and pay cost of court reporter — Court reserves ruling on motion for contempt and amount of attorney’s fees due to insurer by witness

11 Fla. L. Weekly Supp. 649d

Insurance — Automobile — Discovery — Depositions — Failure of subpoenaed witness to appear — Sanctions — Former owner of plaintiff/assignee who failed to appear for deposition is ordered to appear for deposition and pay cost of court reporter

11 Fla. L. Weekly Supp. 649c

Insurance — Personal injury protection — Discovery — Depositions — Failure of subpoenaed witness to attend — Sanctions — Third-party witness who failed to attend deposition or notify counsel or court reporter of inability to attend is found in contempt and required to pay court reporter fee, cost of re-service of subpoena, and fees for attorney’s attendance and half hour wait

11 Fla. L. Weekly Supp. 937a

Insurance — Personal injury protection — Attorney’s fees — Discovery — Depositions — Expert witness fee — Treating physician questioned about his ability to obtain counsel and other matters relating to application of fee multiplier is fact witness not entitled to expert witness fee — Attorney’s claim for expert witness fee for deposition testimony is moot where issues of attorney’s fees and costs were previously settled by parties

11 Fla. L. Weekly Supp. 448a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 12 Fla. L. Weekly Supp. 668a

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician who is corporate president and part owner of plaintiff medical provider, although an expert witness, is not entitled to deposition fee as fact witness regarding treatment of insured