Volume 16

16 Fla. L. Weekly Supp. 47a

Insurance — Personal injury protection — Declaratory judgment — Insurer is obligated to furnish copy of compulsory medical examination reports, transcript of examination under oath, and non-privileged portions of PIP file to insured — Insurer erroneously applied deductible to benefits owed to insured — Insurer is obligated to compensate insured for lost wages and mileage associated with attendance at CMEs and EUO — Insured was justified in returning checks tendered by insurer that reflected erroneous application of deductible and contained notation that they were “full and final payment”

16 Fla. L. Weekly Supp. 441a

Online Reference: FLWSUPP 165CENTU

Insurance — Personal injury protection — Discovery — Claim notes and transcribed statement are subject to production

16 Fla. L. Weekly Supp. 669a

Online Reference: FLWSUPP 167ROBIN

Insurance — Personal injury protection — Discovery — Documents — Work product privilege — Adjuster’s file and initial claim investigation form are protected by work product privilege — Medical provider has not established undue hardship in preparation for trial necessitating invasion of privilege

16 Fla. L. Weekly Supp. 201a

Online Reference: FLWSUPP 162JOSEP

Insurance — Personal injury protection — Discovery — Physician-patient privilege — Medical records received by insurer from other medical providers for claim are not protected by physician-patient privilege where plaintiff medical provider is entitled to records through assignment of benefits — Further, assignment at issue includes specific authorization for provider to receive medical records — Work product privilege — Where descriptions of claim file, adjuster notes and investigation material in amended privilege log are not specific enough to determine whether documents are privileged, any work product privilege is waived — Claims files, adjuster notes and investigation material created prior to date of demand letter are not protected by work product or attorney-client privileges

16 Fla. L. Weekly Supp. 1029c

Online Reference: FLWSUPP 1611JARA

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 on nonparties in year in which expert performed IME or peer review on insured without providing notice of disclosure to nonparties

16 Fla. L. Weekly Supp. 1137a

Online Reference: FLWSUPP 1612UNIT

Insurance — Personal injury protection — Discovery — Medical records of nonparties — Trial court departed from essential requirements of law by compelling insurer’s medical expert to produce conclusions in all independent medical examinations and peer reviews performed in past three years on nonparties after redaction of medical history, exam description, and identifying biographical information, without cost of labor

16 Fla. L. Weekly Supp. 1138b

Online Reference: FLWSUPP 1612CACE

Insurance — Personal injury protection — Discovery — Independent medical examinations and peer reviews — Error to compel insurer’s medical expert to disclose IMEs and peer reviews prepared at request of insurer for past three years

16 Fla. L. Weekly Supp. 931a

Online Reference: FLWSUPP 1610COMP

Insurance — Personal injury protection — Discovery — Medical records of nonparties — Error to compel insurer’s medical expert to disclose independent medical examination and peer reviews performed in past three years on nonparties without notice to nonparties

16 Fla. L. Weekly Supp. 1016a

Online Reference: FLWSUPP 1611 FALC NOT FINAL VERSION OF OPINION
Subsequent Changes at 17 Fla. L. Weekly Supp. 79a

Appeals — Certiorari — Discovery order — Insurance — Independent medical examinations and peer reviews prepared by insurer’s expert witness for six months prior to examination of insured

16 Fla. L. Weekly Supp. 851a

Online Reference: FLWSUPP 169ROBER

Insurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Motion to strike insurer’s pleadings is granted where insurer’s six-year pattern of withholding discovery and misleading court and medical provider on ultimate issue of pattern of taking unwarranted PPO reductions was willful, deliberate and contumacious; insurer has been previously sanctioned; conduct was not wholly attributable to insurer’s attorney; delays prejudiced provider through expenditure of undue time and expense; there is no justification for noncompliance, and noncompliance created significant problems of judicial administration