Volume 16

16 Fla. L. Weekly Supp. 230a

Online Reference: FLWSUPP 163QUINO

Insurance — Personal injury protection — There is no legal duty presuit for insurer to provide insured or its assignee with copies of PIP policy, declarations page or PIP log

16 Fla. L. Weekly Supp. 175b

Online Reference: FLWSUPP 162EDOUA

Insurance — Personal injury protection — Section 627.4137 requires insurer to provide copy of PIP policy and declarations page upon presuit request by medical provider — Providing documents to insured’s attorney did not satisfy insurer’s obligation to furnish documents to provider

16 Fla. L. Weekly Supp. 164b

Online Reference: FLWSUPP 162DOAN

Insurance — Personal injury protection — Discovery — Insurer’s presuit discovery of facts is not limited to five areas of inquiry listed in section 627.736(6)(b) — Insurer is entitled to presuit discovery of all documents and information requested from medical provider with exception of items seeking any and all information evidencing what provider billed to and accepted from Medicare, Medicaid, workers’ compensation, and private healthcare insurers as payment for CPT codes at issue — Provider ordered to produce for depositions all persons involved in determination, selection, and utilization of CPT Codes and charges associated therewith as reflected in claim forms submitted to insurer, as well as information or documentation evidencing what provider billed to and accepted from any and all PIP insurers during specified period

16 Fla. L. Weekly Supp. 443a

Online Reference: FLWSUPP 165GONZA

Insurance — Personal injury protection — Discovery — Medical records of nonparties — Reports of independent medical examinations of other claimants conducted by medical expert for insurer are discoverable in PIP case — IME reports are not patient medical records and, when properly redacted, no privacy law would prohibit their discovery

Cert. dismissed without addressing merits, 18 Fla. L. Weekly Supp. 162c.

16 Fla. L. Weekly Supp. 732b

Online Reference: FLWSUPP 168LOUI2

Insurance — Personal injury protection — Discovery — Medical records of nonparties — Statute requiring doctor performing independent medical examination to maintain copies of all examination reports and payment records for past three years does not require doctor to produce reports and records — If production is required by statute, trial court erred in compelling discovery of medical records of nonparties who did not receive notice of disclosure

16 Fla. L. Weekly Supp. 732a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 16 Fla. L. Weekly Supp. 732b

Online Reference: FLWSUPP 168LOUIS

Insurance — Personal injury protection — Discovery — Appeals — Where appellate court granted insurer’s petition for writ of certiorari challenging discovery order without affording medical provider opportunity to present argument in opposition to petition, motion for rehearing is granted and order granting petition is vacated — All lower court proceedings are stayed pending disposition of petition

16 Fla. L. Weekly Supp. 728b

Online Reference: FLWSUPP 168COOPE

Insurance — Personal injury protection — Discovery — Medical records of nonparties — Error to compel insurer’s medical expert to produce copies of all independent medical examinations and peer reviews performed in past three years on nonparties without providing notice of disclosure to nonparties

16 Fla. L. Weekly Supp. 401c

Online Reference: FLWSUPP 165CHERY

Insurance — Personal injury protection — Discovery — Medical records of nonparties — Because purpose of statutory requirement that physicians who conduct independent medical examinations maintain copies of all examination reports and payment records for three years was not to accommodate discovery requests but to improve IME reports, IME physician should not be required to produce records — Even if statute requires IME physician to produce reports and payment records, trial court erred in compelling disclosure of records of nonparties who did not receive notice of disclosure

16 Fla. L. Weekly Supp. 35a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 16 Fla. L. Weekly Supp. 732a

Insurance — Personal injury protection — Discovery — Error to compel physician who conducted independent medical examination to disclose IME and peer review reports for past three years without notice to nonparty PIP plaintiffs

16 Fla. L. Weekly Supp. 476a

Online Reference: FLWSUPP 165BLANC

Insurance — Personal injury protection — Discovery — Medical records of nonparties — With proper discovery safeguards and limitations in place, objections to production of reports of independent medical examinations performed by IME physician for insurer prior to and subsequent to IMEs of insured are overruled where requested discovery falls within purview of PIP statute requiring IME physician to maintain records and does not seek information recognized as medical record or confidential information of other claimants