Volume 16

16 Fla. L. Weekly Supp. 779b

Online Reference: FLWSUPP 168KERSA

Insurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Default — Where insurer has repeatedly failed to comply with court orders compelling discovery and orders to pay sanctions imposed for noncompliance, default is entered in favor of insured

16 Fla. L. Weekly Supp. 626b

Online Reference: FLWSUPP 167SMIT2

Insurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Error to impose discovery sanctions on insurer without prior notice and without making express findings of bad faith or egregious conduct — Order granting discovery sanctions is quashed where trial court found that attorney’s six-month delay in filing motion for relief from admissions that occurred due to neglect of prior counsel did not result in prejudice to medical provider, and two prior discovery violations that occurred under prior counsel could not serve as predicate for invoking court’s inherent authority to sanction improper conduct as deterrent to future misconduct

16 Fla. L. Weekly Supp. 98a

Insurance — Personal injury protection — Discovery — Subpoena duces tecum seeking production at trial of all payment records of physician for peer reviews performed during past three years is quashed where there exists no method to effectively protect privacy rights of nonparty patients involved, and there are less burdensome and less intrusive methods of obtaining financial information to be used to show bias of physician

16 Fla. L. Weekly Supp. 303a

Online Reference: FLWSUPP 164MICHE

Insurance — Personal injury protection — Discovery — Medical records of nonparties — Error to compel insurer’s expert witness to produce reports of all IME and peer reviews performed in past three years without notice to non-party personal injury patients

16 Fla. L. Weekly Supp. 233a

Online Reference: FLWSUPP 163MITCH

Insurance — Personal injury protection — Discovery — Medical records of nonparties — Insurer’s expert witness should not be required to produce reports of all independent medical examinations and peer reviews performed in past three years — Even if production is required, trial court departed from essential requirements of law by requiring production without notice to non-party personal injury patients

16 Fla. L. Weekly Supp. 336a

Online Reference: FLWSUPP 164VELA

Insurance — Personal injury protection — Discovery — Medical records of nonparties — Subpoena duces tecum seeking reports of all IMEs and peer reviews performed by insurer’s expert witness within past three years and financial documents reflecting payments to expert is beyond scope of discovery and violates HIPPA — Amendment to PIP statute requiring physicians to retain records for three years has no relevance to appropriate scope of discovery, which is defined by Rules of Civil Procedure

16 Fla. L. Weekly Supp. 963b

Online Reference: FLWSUPP 1610GILF

Insurance — Personal injury protection — Discovery — Medical provider’s motion to compel discovery of transcript of examination under oath is denied without prejudice to renew motion if it becomes apparent that insurer intends to use transcript

16 Fla. L. Weekly Supp. 577a

Online Reference: FLWSUPP 166GONZA

Insurance — Personal injury protection — Discovery — Transcript of examination under oath — Motion to compel insurer to produce EUO transcript is granted where transcript goes to heart of insurer’s defense that services were not rendered — Mediation is ordered, and motion to set trial is granted

16 Fla. L. Weekly Supp. 333a

Online Reference: FLWSUPP 164CAPEN

Insurance — Personal injury protection — Discovery — Documents — Motion to compel disclosure of documents showing how information from other medical insurers was used to determine appropriateness of services and all NCCI edits that form basis of nonpayment is granted

16 Fla. L. Weekly Supp. 1065a

Online Reference: FLWSUPP 1611BART

Insurance — Personal injury protection — Discovery — Database program — Medical provider is instructed to subpoena third-party owner of database/auditing system used to reduce bills at issue to obtain information on database program that is not in possession of insurer — If information is not produced by insurer or owner, testimony from owner’s agents or employees may not be heard at trial