Volume 18

18 Fla. L. Weekly Supp. 65a

Online Reference: FLWSUPP 1712ZEPC Insurance — General liability — Contractor performing bridge deck replacement project has coverage as additional insured for own direct negligence, not just for its vicarious liability, under general liability policy of subcontractor providing traffic control on project where policy provides for coverage if contractor’s liability is caused “in whole or in part” by subcontractor’s acts or omissions and lawsuits filed by or on behalf of persons injured or killed when truck failed to stop at rolling roadblock performed by subcontractor allege fault or have ended in finding of partial fault on behalf of subcontractor — Further, contractor is covered for own negligence under provision of subcontractor’s policy providing coverage for any liability “arising out of” operations of subcontractor — Contractor is also entitled to indemnity for own direct negligence under excess carrier policy — No merit to argument that terms of subcontract control scope of coverage under excess policy — Occurrences — Acts or omissions of subcontractor relating to rolling roadblock and its acts or omissions relating to roadside warning signs are separate occurrences, making $2 million aggregate limit available under policy to indemnify contractor for incident — Primary carrier’s exhaustion of policy limits does not eliminate contractor’s action against carrier for failure to handle claim in good faith by attempting to secure release for contractor’s own negligence — Where primary policy provides that duty to defend ends when policy limit is used in payment of judgments or settlement, primary carrier’s duty to defend did not end when carrier tendered policy limit to excess carrier for purpose of later paying settlement — Excess carrier is entitled to recover damages for primary carrier’s premature termination of defense

18 Fla. L. Weekly Supp. 162b

Online Reference: FLWSUPP 1802HERN Insurance — Discovery — Interrogatories directed to nonparty — Error to compel nonparty expert witness to answer interrogatories

18 Fla. L. Weekly Supp. 502a

Online Reference: FLWSUPP 1806MIJA Insurance — Personal injury protection — Discovery — Medical records of nonparties — Court erred in requiring insurer to produce names, claim numbers and addresses for insureds and omnibus insureds who had peer reviews conducted by insurer’s expert where need for information was not sufficiently demonstrated

18 Fla. L. Weekly Supp. 545a

Online Reference: FLWSUPP 1806AGRA Insurance — Personal injury protection — Discovery — Explanation of benefits — Medical provider is ordered to produce copies of EOB forms indicating amounts allowed and paid by private health insurers and automobile insurers to provider for CPT codes at issue for period extending from 15 days before first date of service at issue to 15 days after last date of service at issue

18 Fla. L. Weekly Supp. 687a

Online Reference: FLWSUPP 1808GAVIInsurance — Personal injury protection — Discovery — Insurer is ordered to provide better responses to interrogatories regarding relationship of insurer to non-party expert — By failing to timely respond to request for production, insurer waived objections that discovery is overly broad or burdensome

18 Fla. L. Weekly Supp. 625b

Online Reference: FLWSUPP 1807SCHW

Insurance — Personal injury protection — Discovery — Expert witness — Insurer is required to answer interrogatories and produce materials concerning relationship between insurer and expert witness, including information about frequency of expert’s testimony, performance of analyses and corresponding payments by insurer — Insurer is also required to produce information relating to any products expert has sold to insurer for purpose of performing peer reviews and independent medical examinations

18 Fla. L. Weekly Supp. 413b

Online Reference: FLWSUPP 1804KOVAInsurance — Discovery — Privilege — Attorney-client — Correspondence with counsel are protected from disclosure by attorney-client privilege — Work product — Computer claim file notes involving no more than general business prospect of eventually being sued are not protected by work product privilege; later notes involving reasonable anticipation of litigation are protected — Adjustments and draft explanations of review are protected by work product privilege, with exception of documents generated during early stages of investigation — Peer review will be subject to disclosure if insurer chooses to use expert or opinion in proceedings

18 Fla. L. Weekly Supp. 627a

Online Reference: FLWSUPP 1807DUNC Insurance — Discovery — Expert witnesses — Where insurer’s expert has unequivocally stated that he will not comply with discovery requirements of rule 1.280(b)(4), court denies motion to reconsider order striking witness as not qualified to testify and order witness to do what he has already said he cannot or will not do — Where insurer concedes that it would not be able to substantially impeach medical provider’s expert without testimony of its stricken expert, summary judgment is entered in favor of provider

18 Fla. L. Weekly Supp. 312a

Online Reference: FLWSUPP 1803OROZ Insurance — Personal injury protection — Discovery — Insurer must provide information on amount paid to expert on its behalf and list of cases in which expert performed compulsory medical examinations and peer reviews for insurer

18 Fla. L. Weekly Supp. 695b

Online Reference: FLWSUPP 1808DUBO Insurance — Personal injury protection — Confession of judgment — Insurer’s tender of sum less than amount sued upon is not confession of judgment, but offer to settle which medical provider rejected — Confession of judgment and acknowledgment of entitlement to attorney’s fees are stricken — Insurer is ordered to produce PIP adjuster for deposition and answer interrogatories, which it had refused or failed to do in reliance on confession of judgment — Provider may not question adjuster about dates of service for which insurer concedes payment is owed or has been made