Volume 15

15 Fla. L. Weekly Supp. 164a

Insurance — Personal injury protection — Declaratory judgment — Complaint alleging claims for failure to provide explanation of benefits, policy, declarations page and PIP log to medical provider states viable cause of action for declaratory relief — Motion to dismiss denied

15 Fla. L. Weekly Supp. 1127b

Insurance — Personal injury protection — Discovery — Physician who conducted independent medical examination is required to produce copies of reports for all IMEs and peer reviews performed in past three years — In deference to concern for patients’ privacy, court limits disclosure to portion of each report reflecting date of examination and physician’s impressions or conclusions and establishes other safeguards

15 Fla. L. Weekly Supp. 946b

Insurance — Personal injury protection — Discovery — Physician who conducted independent medical examination is required to comply with subpoena seeking copies of all IME and peer reviews performed during three-year period before date of last report prepared in case

15 Fla. L. Weekly Supp. 888a

Insurance — Personal injury protection — Discovery — Physician who conducted independent medical examination is required to produce copies of reports for all IMEs and peer reviews performed in past three years

15 Fla. L. Weekly Supp. 494b

Insurance — Personal injury protection — Discovery — Doctor selected to perform independent medical examination is ordered to produce copies of reports of all IMEs and peer reviews performed during three-year period before date of last report prepared in case — Where records sought are reports IME doctor is required by PIP law to retain, request meets rule 1.280(b)(4) requirement of “unusual and compelling circumstances” for requiring expert to produce business records

15 Fla. L. Weekly Supp. 291a

Insurance — Personal injury protection — Discovery — Documents — Where PIP statute requires physician preparing report for insurer to maintain copies of all examination reports for 3 years, physician who conducted independent medical examination of insured is required to produce subpoenaed copies of peer review and IME reports — Physician is entitled to reasonable copy charges, but provider may elect to use own copy service

15 Fla. L. Weekly Supp. 265a

Insurance — Personal injury protection — Discovery — Request to produce any explanation of benefits indicating allowed amount greater than 200% of Medicare Part B Fee Schedule within 90 days of date of service at issue is overbroad

15 Fla. L. Weekly Supp. 116a

Insurance — Personal injury protection — Discovery — Although medical provider may be entitled to information that would be contained in requested sliver and procedure reports, where reports do not exist and are not in possession, custody or control of insurer, trial court erred in ordering production of reports — Court also erred in ordering insurer to produce all underlying data and documents used to compile production report in lieu of creating and producing report where provider did not request those documents and data and, therefore, insurer was not afforded notice and opportunity to object — Petition for writ of certiorari granted

15 Fla. L. Weekly Supp. 286a

Insurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Insurer’s failure to comply with discovery and with court orders relating to payment of monetary sanctions and to attendance at mediation and hearing on motion for sanctions warrants striking of pleadings and entry of default where misconduct is not fully result of neglect or inexperience of counsel who claims blame for misconduct, but is attributable to willful, deliberate and contumacious conduct on part of insurer

15 Fla. L. Weekly Supp. 981b

Insurance — Personal injury protection — Discovery violation — Failure to pay sanction — Abuse of discretion to impose additional sanction on insurer’s attorney for insurer’s failure to pay sanction for discovery violation without affording attorney notice — Although personal imposition of sanctions on non-party attorneys is not provided for in rule 1.380, courts have inherent authority to impose attorney’s fees against attorneys but should do so only sparingly, cautiously, and upon finding of egregious conduct or action in bad faith — Abuse of discretion to impose sanctions on insurer’s attorney without express finding of bad faith conduct that resulted in unnecessary incurrence of attorney’s fees