Volume 13

13 Fla. L. Weekly Supp. 874a

Insurance — Discovery — Computer database utilized by insurer to determine “usual and customary charge” for particular medical service in medical provider’s geographical location

13 Fla. L. Weekly Supp. 571a

Insurance — Personal injury protection — Discovery — Appeals — Certiorari — Pre-trial discovery order compelling better response to medical provider’s request to produce claims handling and training materials provided to PIP adjusters is reviewable by petition for writ of certiorari where order departed from essential requirements of law and would cause material injury to insurer throughout proceedings, leaving no adequate remedy on appeal — Privilege — Trade secret — Trial court departed from essential requirements of law when it compelled production of materials without addressing asserted trade secret privilege and conducting in camera review of materials — Relevance — Where underlying action is only PIP claim without claim for bad faith action, requested claim files, manuals, guidelines and documents concerning claims handling procedures are irrelevant and/or privileged work product — Waiver — Insurer did not waive any privileges where insurer raised objections based on relevance and work product prior to motion to compel hearing and asserted sufficiently specific objection based on trade secret privilege in response to provider’s third request to produce

13 Fla. L. Weekly Supp. 624b

Insurance — Personal injury protection — Discovery — Interrogatories — Motion to compel discovery is granted as to interrogatories regarding checks issued, computer program used to review claim, training regarding use of program, personnel knowledgeable about technical aspects of program, description of database used by program, and reports generated by program — Insurer does not have standing to assert trade secret privilege on behalf of non-party vendor of computer program

13 Fla. L. Weekly Supp. 556b

Insurance — Personal injury protection — Discovery — Claims log — Work product and attorney-client privilege — Waiver — Where medical provider made generic request for production of everything contained within insurer’s PIP file, general objection that all material in file are work product or attorney-client communication without privilege log or other precise description of items claimed to be privileged waived privilege — Relevancy — No abuse of discretion in requiring production of claims log where insurer, who objected that contents of log were irrelevant, did not show irreparable harm warranting certiorari relief and failed to carry burden of coming forward with description of contents, thereby depriving court of factual basis for resolving relevancy issues

13 Fla. L. Weekly Supp. 396b

Insurance — Personal injury protection — Discovery — Failure to comply — Where insurer sought to strike medical provider’s discovery requests as being served with small claims complaint on an unrepresented party, insurer then agreed to respond to discovery by date certain, and on due date for discovery insurer sent letter advising that it would not be responding to initial discovery and would instead insist that discovery be reserved, request for admissions is deemed admitted and insurer is ordered to respond to interrogatories and request to produce

13 Fla. L. Weekly Supp. 359a

Insurance — Personal injury protection — Where insurer failed to respond to valid requests for admission, summary judgment is proper based on those admissions, and insurer’s opposing affidavits were filed in untimely manner, medical provider’s motion for summary judgment is granted

13 Fla. L. Weekly Supp. 191b

Insurance — Personal injury protection — Evidence — Affidavits faxed from insurer to medical provider are not legally sufficient to create disputed issue of material fact where fax did not comply with rule 1.080(b)(5) requirements to contain cover sheet, notation of number of pages transmitted, and sender’s fax number — Court will not consider peer review report which is not supported by affidavit but does contain verification language — Examination under oath — Failure to attend — There was no breach of contract by insured failing to attend EUO requested by insurer more than thirty days after receipt of notice of claim — Coverage — Medical expenses — Reasonable, related and necessary treatment — Insurer cannot rely on report of chiropractor that conducted independent medical examination more than two months after treatment was begun to defeat provider’s motion for summary judgment where report opines that future treatment would not be necessary, but does not state that previous treatment rendered was not reasonable, related or necessary — Peer review report obtained one year and eight months after bills were submitted is untimely and does not meet statutory requirement to obtain medical report prior to withdrawing payment — No merit to argument that medical report is only required when insurer had decided to pay claim and then changes its mind, not in the event of out-right denial of coverage — Admissions — Where insurer did not timely respond to request for admissions or obtain relief from admissions, insurer has admitted that provider is entitled to relief it seeks — Summary judgment granted in favor of provider

13 Fla. L. Weekly Supp. 1204a

Insurance — Personal injury protection — Discovery — Depositions — Treating physician — Insurer has right to question treating physician who is sole shareholder and clinical director of medical provider regarding any matter within scope of discovery under rule 1.280(b), including role and responsibilities as clinical director and corporate matters known to physician — Physician may be questioned about treatment specifically provided by physician and treatment provided by medical provider, even where questions require physician to review medical file

13 Fla. L. Weekly Supp. 472a

Insurance — Discovery — Depositions — Objections — Sanctions — Where insurer’s counsel made speaking objections at deposition, rather than making objections as to form, insurer is ordered to pay attorney’s fees and costs of motion for sanctions — Objections based on attorney-client privilege and work product privilege were appropriate

13 Fla. L. Weekly Supp. 828b

Insurance — Personal injury protection — Discovery — Depositions — Financial records — Where owner of medical provider gave evasive and non-responsive answers in deposition, and grand jury indictment has been filed against owner and provider’s records custodian, unusual and compelling circumstances warrant production of 1099s and subsequent deposition of owner