Volume 12

12 Fla. L. Weekly Supp. 921a

Insurance — Personal injury protection — Directed verdict — Motion for directed verdict entered and granted prior to start of trial is procedurally incorrect, but will be treated as motion for summary judgment for purposes of appellate review — Admissions — Technical — Where medical provider failed to timely answer insurer’s requests for admissions, such that requests were admitted on technicality, provider attempted to move for relief from effect of admissions, pleadings made clear provider’s position that it should be paid for services rendered and the existence of disputed issues of material fact, and evidence in record contradicted technical admissions, trial court erred in granting directed verdict/summary judgment in favor of insurer

12 Fla. L. Weekly Supp. 80a

Insurance — Personal injury protection — Discovery — Depositions — Insurer is entitled to take deposition of treating physician — Provider must produce documents utilized in setting charges for services rendered for one year prior to and one year following last date of service, contracts with producer of computer program used to establish charges or fee schedules, and materials related to computer program

12 Fla. L. Weekly Supp. 177b

Insurance — Depositions — Scope — Factual issues of how charges were arrived at for CPT codes at issue on which reductions were taken by insurer

12 Fla. L. Weekly Supp. 664a

Insurance — Personal injury protection — Discovery — Deposition — Treating physician — Deposition of treating physician will be taken at physician’s office or court reporter’s office at hour not to interfere with clinic hours, and scope is limited to services performed on insured — Court reserves ruling on physician’s entitlement to expert witness fee

12 Fla. L. Weekly Supp. 259b

Insurance — Personal injury protection — Discovery — Depositions — Motion to compel deposition of person who, on behalf of insurer, signed contract between insurer and company whose software program was utilized to evaluate and reduce medical provider’s bills is granted

12 Fla. L. Weekly Supp. 880a

Insurance — Personal injury protection — Discovery — Depositions — Motion to limit medical provider’s deposition testimony to reasonableness, relatedness and medical necessity of treatment is denied — Objections are denied to providing curriculum vitae for all physicians at medical provider’s place of business who rendered treatment or testing to insured, reports and databases used to set provider’s fees, copies of any PPO or HMO agreements, HCFA 1500 forms or other statements issued to uninsured persons for CPT codes at issue, explanations of benefits or other documentation indicating reimbursement from all insurers for CPT codes at issue, manuals or brochures on billing procedures, reference materials used for billing, medical director agreements effective on dates of service, provider’s articles of incorporation and bylaws, documents identifying officers, shareholders and directors in corporate entity providing services, all patient referral agreements between provider and insured’s attorney, documentation of any contact with insured or representative of insured prior to insured presenting for treatment, lease agreements for buildings, documentation of compensation to billing clerks, documentation of any interest of provider in other healthcare provider to whom insured was referred and of disclosure of that interest to insured, documentation of percentage of patients other than those referred by provider accepted by healthcare provider to whom insured was referred, and documentation of any landlord-tenant relationship between provider and healthcare provider to whom insured was referred

12 Fla. L. Weekly Supp. 177a

Insurance — Failure of insurer to produce adjuster for deposition, either in compliance with court’s order or otherwise — Sanctions

12 Fla. L. Weekly Supp. 667b

Civil procedure — Discovery — Depositions — Non-party witness — Failure to appear based on communication from opposing counsel’s office advising witness that she did not need to appear — Sanctions — Attorney’s fees and costs incurred as result of bad faith conduct

12 Fla. L. Weekly Supp. 667a

Civil procedure — Discovery — Depositions — Non-party witness — Failure to appear based on communication from opposing counsel’s office advising witness that she did not need to appear — Sanctions — Attorney’s fees and costs incurred as result of bad faith conduct

12 Fla. L. Weekly Supp. 666a

Civil procedure — Discovery — Depositions — Non-party witness — Failure to appear based on communication from opposing counsel’s office advising witness that she did not need to appear — Sanctions — Attorney’s fees and costs incurred as result of bad faith conduct