Volume 13

13 Fla. L. Weekly Supp. 480a

Insurance — Personal injury protection — Discovery — Pre-suit discovery — Pursuant to section 627.736(6)(c), insurer is entitled to pre-suit discovery of documents and information regarding medical provider’s bills for treatment, including resumes and licenses of all persons who rendered treatment to claimants, claimants’ files, correspondence with claimants, documentation evidencing amount provider accepted for CPT codes at issue from other insurers, and other information relative to establishing usual and customary charges for those CPT codes

13 Fla. L. Weekly Supp. 478a

Insurance — Personal injury protection — Discovery — Pre-suit discovery — Pursuant to section 627.736(6)(c), insurer is entitled to pre-suit discovery of documents and information regarding medical provider’s bills for treatment, including resumes and licenses of all persons who rendered treatment to claimants, claimants’ files, correspondence with claimants, documentation evidencing amount provider accepted for CPT codes at issue from other insurers, and other information relative to establishing usual and customary charges for those CPT codes

13 Fla. L. Weekly Supp. 471a

Insurance — Personal injury protection — Discovery — Pre-suit discovery — Pursuant to section 627.736(6)(c), insurer is entitled to pre-suit discovery of documents and information regarding medical provider’s bills for treatment, including resumes of all persons who rendered treatment to insured, records and documents pertaining to or signed by insured, correspondence with insured, documentation evidencing amount provider accepted for CPT codes at issue from other insurers, and other information relative to establishing usual and customary charges for those CPT codes

13 Fla. L. Weekly Supp. 1236a

Insurance — Discovery — Usual, customary and reasonable rates for particular CPT codes — Procedure reports showing charges for particular CPT codes — Listings or summaries showing charges received for year for particular CPT codes

13 Fla. L. Weekly Supp. 1014b

Insurance — Personal injury protection — Discovery — Documents — Privilege — Work product — Documents not prepared in contemplation of litigation are not privileged work product — Privilege log — Defects — Where insurer’s counsel could not articulate for court what specific items claimed on privilege log are, insurer must amend log to describe nature of items — Interrogatories — Insurer must provide curriculum vitae of expert witness in response to inquiry regarding witness’s qualifications — Verification — Answers to interrogatories are not verified where jurat states answers are true and correct to best of knowledge

13 Fla. L. Weekly Supp. 314a

Insurance — Personal injury protection — Expert witnesses — Exclusion — Abuse of discretion to exclude testimony of insurer’s expert witness as discovery sanction where expert was included in insurer’s timely filed amended pre-trial catalogue

13 Fla. L. Weekly Supp. 829b

Insurance — Personal injury protection — Discovery — Insurer is ordered to produce independent medical examination reports and peer review reports prepared by insurer’s expert at behest of insurer and drafts to claims management company reflecting payment for procurement of IME and peer review reports

13 Fla. L. Weekly Supp. 794a

Insurance — Personal injury protection — Discovery — Failure to comply — Pretrial disclosure of witnesses — Abuse of discretion to exclude testimony of litigation adjuster not listed on insurer’s pre-trial catalog where there would be no prejudice to medical provider in allowing use of adjuster whom provider had deposed — Denial of insurer’s due process right to call witnesses was harmful

13 Fla. L. Weekly Supp. 736b

Insurance — Personal injury protection — Discovery — Failure to comply — Where insurer did not timely raise any objections to interrogatories or requests for production, objections are deemed waived and insurer is ordered to provide complete verified answers to interrogatories and produce documents responsive to request for production — Documents claimed to be privileged may be filed under seal, and court will conduct hearing to determine if privilege objection should not also be waived

13 Fla. L. Weekly Supp. 545a

Insurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Prejudice — Exclusion of letter from insured’s attorney requesting that insurer reschedule examination under oath and testimony of insured and insured’s attorney regarding letter was too drastic a sanction for medical provider’s failure to list letter as exhibit and attorney as witness until after court-ordered discovery deadline where there was no attempt by insurer to cure perceived prejudice; insurer, who was aware of attorney and letter for two and half years before trial, had independent knowledge of existence of witness; provider’s noncompliance with discovery deadline was not intentional or in bad faith since it was not aware of letter until after expiration of deadline; and allowing attorney and insured to testify briefly as to EUO rescheduling would not have disrupted orderly and efficient flow of trial — New trial required — Jury instructions — Abuse of discretion to fail to give requested instruction asking jury to determine whether insured breached insurance contract by unreasonably refusing to attend EUO where requested instruction was accurate statement of law, instruction actually given erroneously created strict liability standard for EUO attendance, facts in case supported requested instruction, and requested instruction was necessary for jury to properly resolve issues in case