Volume 15

15 Fla. L. Weekly Supp. 171c

Insurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Attorney’s fees and costs assessed as sanction for willful violation of discovery order

15 Fla. L. Weekly Supp. 580b

Insurance — Personal injury protection — Dismissal — Fraud on court — No abuse of discretion in dismissing PIP case for fraud on court where trial court found that medical provider intended to conceal provider’s lien and deceive insurer and court into believing that insured had executed assignment — Discovery — Failure to comply — Sanctions — No error in denying provider’s motion to strike insurer’s pleadings as sanction for discovery violation and imposing sanction of $500 instead

15 Fla. L. Weekly Supp. 797c

Insurance — Personal injury protection — Discovery — Expert witnesses — Order requiring insurer to provide information about non-party’s use of expert physician is quashed

15 Fla. L. Weekly Supp. 1031b

Insurance — Personal injury protection — Discovery — Depositions — Failure to comply — Sanctions — Where counsel for medical provider violated multiple court orders by obstructing two attempted depositions of corporate representative, insurer is awarded attorney’s fees and costs of depositions — If counsel for provider fails again to comply with court orders at deposition of representative, court will entertain more severe sanctions, including striking of pleadings and dismissal

15 Fla. L. Weekly Supp. 1011a

Insurance — Personal injury protection — Discovery — Depositions — Failure to attend — Sanctions — Insurer that failed to attend deposition is ordered to pay sanctions to counsel for medical provider

15 Fla. L. Weekly Supp. 916b

Insurance — Personal injury protection — Discovery — Depositions — Failure to attend — Sanctions — Attorney’s fees and court reporter fee

15 Fla. L. Weekly Supp. 787a

Insurance — Personal injury protection — Discovery — Computer database used to reduce bills — Trade secrets — Where insurer resisted discovery of database used to reduce bills based on claim of trade secrets, trial court erred in ordering disclosure without conducting in camera inspection or hearing to evaluate material — Waiver — No merit to argument that insurer waived in camera inspection by failing to request it where trial court deprived insurer of opportunity for inspection by mistakenly holding that earlier order compelling disclosure was law of the case

15 Fla. L. Weekly Supp. 917a

Insurance — Personal injury protection — Discovery — Interrogatories — Objections to interrogatories seeking information regarding amount paid to non-party physician who performed orthopedic consult; whether consulting physician was paid by hour, by number of consults per day or by day; amount consulting physician is paid by medical provider for one day of work; whether cost of doing business was factor in determining consult charge; and factors, documents and sources consulted by provider in determining consult charge are overruled — Admissions — Provider is ordered to respond to request for admission regarding amount charged by different-named entity in year prior to registration of provider’s current fictitious name where different-named entity was same corporation with same tax ID number as provider — Documents — Objections to requests to produce tax forms, pay stubs or other documents showing amounts paid to consulting physician are overruled

15 Fla. L. Weekly Supp. 1122c

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician is entitled to expert witness fee if he testifies about treatment of insured, but not if he testifies about management and operation of medical provider

15 Fla. L. Weekly Supp. 929a

Insurance — Personal injury protection — Discovery — Depositions — Insurer shall pay expert witness fee for depositions of treating physicians