Volume 16

16 Fla. L. Weekly Supp. 976b

Online Reference: FLWSUPP 1610DUNC

Insurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Where insurer has violated four discovery orders, been monetarily sanctioned and remains in contumacious disregard of court’s order to provide discovery regarding expert witness, witness is stricken

16 Fla. L. Weekly Supp. 782a

Online Reference: FLWSUPP 168TORRE

Insurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Expert witness is stricken as sanction for insurer’s repeated failure to provide discovery regarding other cases in which expert has testified by deposition or at trial

16 Fla. L. Weekly Supp. 826a

Online Reference: FLWSUPP 169RIOS

Insurance — Personal injury protection — Discovery — No abuse of discretion in striking insurer’s expert witness on basis that witness failed to comply with order compelling better answers to interrogatories

16 Fla. L. Weekly Supp. 265a

Online Reference: FLWSUPP 163CARPE

Insurance — Personal injury protection — Discovery — Interrogatories — Insurer’s use of expert witness — Insurer is only required to answer interrogatories regarding number of times expert has testified for lawyers or law firm representing insurer, fee charged for examination of insured, and number of occasions in last three years that expert has examined other persons insured by insurer — Remaining question regarding identity of all cases within last three years in which expert has testified at trial or in deposition and approximation of expert’s involvement as expert witness must be directed to expert in deposition

16 Fla. L. Weekly Supp. 1079b

Online Reference: FLWSUPP 1611SAND

Insurance — Personal injury protection — Discovery — Relationship of insurer and medical expert — Insurer is ordered to produce copies of 1099’s paid to compensate expert for performing independent medical examinations and peer reviews for three years prior to and three years subsequent to date of peer review in case and claim numbers of any IMEs or peer reviews performed by expert during that period where relationship of insurer to expert is discoverable, and record is devoid of evidence to support claim of undue burden — Insurer waived objections that discovery sought was overly broad and burdensome by failing to timely respond to request to production, and failed to substantiate objection in any manner

16 Fla. L. Weekly Supp. 374a

Online Reference: FLWSUPP 165HARPE

Insurance — Personal injury protection — Error to enter summary judgment in favor of medical provider where provider’s affidavit asserting that all bills were reasonable and affidavit of insurer’s medical expert asserting that charge was above usual and reasonable fee charged for service created genuine issue of material fact — Discovery — Depositions — Expert witness fee — Order granting expert witness fee to treating physician for deposition testimony is affirmed where insurer failed to provide appellate court with transcript of hearing on motion for expert witness fee — Attorney’s fees — Appellate fees awarded to insurer

16 Fla. L. Weekly Supp. 1029a

Online Reference: FLWSUPP 1611DELC

Insurance — Personal injury protection — Discovery — Appeals — Petition for writ of certiorari seeking review of order compelling answers to interrogatories is denied where insurer’s claim of irreparable harm is based on speculation that insurer will not able to answer interrogatories, medical provider will move to strike insurer’s expert, provider’s motion will be granted, and insurer will be left without a defense — Moreover, insurer acknowledges that issue can be reviewed on plenary appeal

16 Fla. L. Weekly Supp. 638a

Online Reference: FLWSUPP 167HAMIL

Insurance — Personal injury protection — Discovery — Admissions — Trial court erred in denying motion for relief from technical admissions and entering summary judgment in favor of medical provider based on admissions where insurer sought to withdraw technical admissions three months before motion for summary judgment was filed, record contained sufficient evidence to create issue of disputed fact, and provider has not shown that it would be prejudiced by withdrawal of technical admissions

16 Fla. L. Weekly Supp. 1157a

Online Reference: FLWSUPP 1612GRAN

Insurance — Personal injury protection — Discovery — Depositions — Medical provider’s objections to subpoena duces tecum requiring production at deposition of documents reflecting fee schedule, relationship with billing company, sharing of facilities or equipment, correspondence regarding billing procedures and fees, and documents relating to treatment and billing for insured are overruled

16 Fla. L. Weekly Supp. 595b

Online Reference: FLWSUPP 166CADEA

Insurance — Personal injury protection — Discovery — Expert witness fee — Treating physician who stands to benefit directly from PIP claim as owner and employee of medical provider is not entitled to expert witness fee for deposition testimony — Issue in determining whether expert is entitled to fee is whether expert is allied with party, not whether expert will give opinion testimony