Volume 17

17 Fla. L. Weekly Supp. 337a

Online Reference: FLWSUPP 1705ASHInsurance — Personal injury protection — Discovery — Medical records of nonparties — Order compelling insurer’s medical expert to appear for deposition with copies of all expert reports issued in previous three years, limited to his ultimate conclusions, is quashed in absence of finding of unusual and compelling circumstances

17 Fla. L. Weekly Supp. 171a

Online Reference: FLWSUPP 1703JEANInsurance — Personal injury protection — Discovery — Medical records of nonparties — Order compelling insurer’s medical expert to produce independent medical examination and peer review reports issued in previous three years and to redact names and provide notice to nonparties whose records will be produced is quashed where order does not making finding of unusual or compelling circumstances as required by rule 1.280(b)(4)(A)(iii) and does not clearly delineate portions of reports that are discoverable

17 Fla. L. Weekly Supp. 170b

Online Reference: FLWSUPP 1703BOUCInsurance — Personal injury protection — Discovery — Medical records of nonparties — Statute requiring doctor performing peer review 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

17 Fla. L. Weekly Supp. 170a

Online Reference: FLWSUPP 1703JOSEInsurance — Personal injury protection — Discovery — Medical records of nonparties — Order compelling insurer’s medical expert to produce redacted independent medical examination and peer review reports issued in previous three years is quashed where there was no finding of unusual or compelling circumstances as required by rule 1.280(b)(4)(A)(iii), and order would require disclosure of medical records of nonparties who did not receive notice of disclosure

17 Fla. L. Weekly Supp. 169b

Online Reference: FLWSUPP 1703COOPInsurance — Personal injury protection — Discovery — Medical records of nonparties — Order compelling insurer’s medical expert to produce redacted independent medical examination reports issued in previous three years is quashed where there was no finding of unusual or compelling circumstances as required by rule 1.280(b)(4)(A)(iii), and order would require disclosure of medical records of nonparties who did not receive notice of disclosure

17 Fla. L. Weekly Supp. 338a

Online Reference: FLWSUPP 1705LARRInsurance — Personal injury protection — Discovery — Medical records of nonparties — Discovery order compelling physician who performed peer review to disclose medical records for nonparties who did not receive notice of disclosure is quashed

17 Fla. L. Weekly Supp. 338b

Online Reference: FLWSUPP 1705LOUIInsurance — Personal injury protection — Explanation of benefits — Failure to provide — Medical provider/assignee has no cause of action against insurer for failure to provide EOB — Discovery — Medical record of nonparties — Error to require insurer’s expert to provide independent medical examination and peer review reports of nonparties and strike expert as witness for refusal to provide reports

17 Fla. L. Weekly Supp. 42a

Online Reference: FLWSUPP 1701DELGInsurance — Insured, who was claimant in case, was entitled to copy of policy under provisions of statute requiring insurer to provide copy of policy within 30 days of written request of claimant

17 Fla. L. Weekly Supp. 79a

Online Reference: FLWSUPP 1702FALCAppeals — Recall of mandate — Motion to recall mandate is granted where insurer did not receive opinion prior to issuance of mandate, and motion to recall was filed within term that mandate issued — Motion for rehearing of opinion, which denied certiorari challenge to order overruling objections to discovery of independent medical examinations and peer reviews performed by insurer’s expert, on ground that differing opinion has been rendered by another circuit court panel is denied

17 Fla. L. Weekly Supp. 622a

Online Reference: FLWSUPP 1708DUNCInsurance — Personal injury protection — Discovery — Medical records of nonparties — Statute requiring that physician preparing report at request of insurer maintain copies of all examination reports for three years does not require physician to produce reports — Even if statute required expert to produce reports, order compelling disclosure of records without notice to nonparty patients would violate privacy rights of nonparties — Abuse of discretion to strike expert witness in absence of finding that witness was in contempt or violated legitimate discovery order — Trial court further erred in failing to consider deposition testimony of improperly stricken expert in ruling on motion for summary judgment — Explanation of benefits — Entry of summary judgment in favor of medical provider as to insurer’s failure to provide EOB was error where there is no cause of action to enforce obligation to provide EOB