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Volume 13

Case Search

ALL CARE MEDICAL & REHABILITATION CENTER, INC., a/a/o CAROLE BATICHON, Plaintiff, v. ALLSTATE INDEMNITY COMPANY, Defendant.

13 Fla. L. Weekly Supp. 828a

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

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ALLSTATE INSURANCE COMPANY, a foreign corporation (In re: Vincent Etienne; Vanity Reilly; Diana Garcia; Luis Gomez; Lori Kleeman), Petitioner/Movant, v. STEVEN D. GELBARD, M.D., P.A., a Florida corporation, Respondent.

13 Fla. L. Weekly Supp. 598a

Insurance — Personal injury protection — Discovery — Pre-suit — Medical provider is ordered to produce patient specific documents, parties are ordered to file joint stipulation detailing production of non-patient specific documents, and provider is directed to appear for deposition after documents are produced

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PHYSICIANS INJURY CARE CENTER, INC., f/u/b/o JAMES CATON and PHYSICIANS INJURY CARE CENTER, INC., f/u/b/o ROBIN CATON, Plaintiffs, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

13 Fla. L. Weekly Supp. 1086b

Insurance — Personal injury protection — Discovery — Depositions — Motion for protective order for insurer’s corporate representative with most knowledge of procedure reports denied despite insurer’s claims that reports will not be utilized in case and information is proprietary, trade secret and work product

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ORLANDO PAIN & MEDICAL REHABILITATION CENTER, MW, LLC., As assignee of Lydia Jackson, Plaintiff, vs. PROGRESSIVE AUTO PRO INSURANCE COMPANY, Defendant.

13 Fla. L. Weekly Supp. 397a

Insurance — Personal injury protection — Discovery — Depositions — Where medical provider sent insurer interrogatory seeking procedure reports reflecting charges received by insurer for CPT codes at issue for one-year period within certain zip codes and request to depose corporate representative with the most knowledge of generating procedure reports, and insurer notified provider of intent to seek protective order regarding deposition, but by date of hearing on provider’s motion to compel deposition, insurer had not moved for protective order, motion to compel deposition is granted

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RICHARD K. LOHMANN, M.D., P.A., as assignee of SHAKELA MINNS, Plaintiff, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant.

13 Fla. L. Weekly Supp. 730a

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician who has accepted assignment of benefits from insured and brought action to collect benefits and who testified at deposition regarding billing practices of his office is fact witness not entitled to expert witness fee — Question certified

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KYANNE L. BOSTON, Plaintiff, vs. PROGRESSIVE AUTO PRO INSURANCE COMPANY, Defendant.

13 Fla. L. Weekly Supp. 155a

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician is entitled to expert witness fee for deposition testimony — Despite insurer’s company policy of not holding depositions in physicians’ professional offices, treating physician may be deposed in his office if he instructs staff that he is not to be interrupted during scheduled time

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