Volume 14

14 Fla. L. Weekly Supp. 179a

Insurance — Personal injury protection — PIP log — Explanation of benefits — Cross motions for summary judgment in action alleging that insurer breached contract by failing to provide insured with PIP log and itemized specification of each item reduced or denied — Where it is undisputed that insurer did not reduce or deny any medical bills submitted, insurer did not violate PIP statute by failing to provide itemized specification of items reduced or denied — Where insurer did not attempt to invoke section 627.736(6), whereby insurer can petition court to seek discovery measures and insured has right to request copies of any discovery so obtained, insured cannot rely on statute to assert right to PIP log — Summary judgment granted in favor of insurer

14 Fla. L. Weekly Supp. 1059c

Insurance — Personal injury protection — Complaint — Amendment — Futility — Insurer’s obligation to provider PIP log on presuit request from insured — Amendment of medical provider/assignee’s complaint to add count for declaratory relief based on insured’s right to obtain PIP log under section 627.736(4)(b) is not rendered futile by case law addressing question of provider’s right to PIP log under section 627.736(6)d) — Motion to amend granted

14 Fla. L. Weekly Supp. 1162a

Insurance — Personal injury protection — Discovery — Privilege — Waiver — Privilege log filed by insurer was incomplete and failed to meet minimal procedural requirements where log failed to disclose date, sender, and recipient for each document listed — When raising work product privilege, work must have been prepared when the probability of litigation was substantial and imminent — In view of fact that insurer delayed more than a year in responding to plaintiff’s request to produce, defendant should have and could have produced legally sufficient privilege log — Privilege objections raised by insurer are deemed waived

14 Fla. L. Weekly Supp. 388a

Insurance — Personal injury protection — Discovery — Privileges — Waiver — Insurer’s work product and attorney-client privilege objections are deemed waived where insurer failed to file privilege log for more than 8 months after medical provider propounded request to produce, log produced is incomplete and confusing due to use of acronyms and abbreviations and does not contain required information necessary to distinguish between valid privileges and frivolous claims to avoid discovery, and at hearing insurer could not raise single argument that validated claim of work product privilege

14 Fla. L. Weekly Supp. 493a

Insurance — Personal injury protection — Discovery — Presuit — Insurer was obligated to provide PIP file upon presuit request from insured — There is no requirement that requesting insured cite section 627.736(6)(d)

14 Fla. L. Weekly Supp. 250a

Insurance — Personal injury protection — Discovery — Trial court did not abuse discretion in granting plaintiff’s motion to compel physician who conducted independent medical examination to comply with subpoena duces tecum where information sought in subpoena was required by statute to be maintained by physician, and defendant insurer did not object to production of material requested — Because physician’s motion for protective order did not qualify as an objection, plaintiff was proper in seeking order to compel — Physician did not establish the sort of irreparable harm necessary for granting of writ of certiorari

14 Fla. L. Weekly Supp. 1157a

Insurance — Personal injury protection — Discovery — Independent medical examination — Doctor who performed insured’s IME and who claims that compliance with discovery request for copies of all IME reports and peer review reports performed in last three years is too burdensome is directed to produce all reports in first five boxes of medical records maintained alphabetically or five boxes maintained chronologically beginning with date of insured’s IME

14 Fla. L. Weekly Supp. 486a

Insurance — Personal injury protection — Discovery — Interrogatories — Interrogatory requesting identification of every entity contacted by insurer or its agents regarding claim is reasonable and likely to lead to admissible evidence relevant to material misrepresentation defense — Documents — Privileges — Work product — Requested documents prepared by insurer or its agents or in their possession prior to receipt of demand letter are not protected by work product privilege — Insurer’s underwriting guidelines are not protected work product and are relevant to claim that insurer would have charged higher premium but for material misrepresentation

14 Fla. L. Weekly Supp. 490a

Insurance — Personal injury protection — Discovery — Documents — Claims of attorney-client and work product privilege are denied, and insurer is ordered to produce documents relating to determination of reasonableness of medical provider’s charges, and composition, use and maintenance of databases used to determine reasonableness of provider’s charges and regional charges

14 Fla. L. Weekly Supp. 167b

Insurance — Personal injury protection — Discovery — Interrogatories — Insurer is required to provide better answer to interrogatory asking for total amount of money paid by insurer or any subsidiaries in three-year period to certain entity — Insurer is required to produce every explanation of benefits and explanation of reimbursement generated for CPT codes at issue in geozip area for three months prior to and three months after dates of service