Volume 19

19 Fla. L. Weekly Supp. 12a

Online Reference: FLWSUPP 1901BULLInsurance — Personal injury protection — Discovery — Work product privilege — Petition for writ of certiorari challenging order requiring insurer to produce adjuster notes generated up until receipt of statutory pre-suit demand letter is granted — Trial court erred in ordering production without first reviewing privilege log, individually analyzing work product objections, and conducting in camera inspection — Order compelling production of matters claimed to be work product presents required potential for irreparable harm

19 Fla. L. Weekly Supp. 72b

Online Reference: FLWSUPP 1902RUES

19 Fla. L. Weekly Supp. 131a

Online Reference: FLWSUPP 1902ADONInsurance — Personal injury protection — Discovery — Insurer’s interrogatories and requests to produce are limited as to time and scope

19 Fla. L. Weekly Supp. 951c

Online Reference: FLWSUPP 1911PADGInsurance — Discovery — Explanation of benefits — Motion for reconsideration of order compelling production of all EOBs generated by insurer for CPT code at issue within geozip three months prior to and three months after date of service is denied — Insurer waived all objections to requested discovery by failing to respond or request extension of time while discovery request was pending — Further, materials sought are reasonably calculated to lead to discovery of admissible evidence regarding reasonableness of charges — Extension of time to provide discovery is granted

19 Fla. L. Weekly Supp. 874a

Online Reference: FLWSUPP 1910PASTInsurance — Personal injury protection — Discovery — Medical provider’s motion to limit discovery of payments received by medical provider from HMOs, PPOs, and self-pay patients is granted where legislature has defined minimum statutory reimbursement as 200% of Medicare Part B fee schedule, and evidence of payments received by provider that are less than that amount are irrelevant to issue of reasonableness of charges — Further, court will not permit insurer to abandoned its position, maintained throughout litigation, that it had properly limited reimbursement under permissive fee schedule of section 627.736(5)(a)2

19 Fla. L. Weekly Supp. 1030a

Online Reference: FLWSUPP 1912TAMPInsurance — Discovery — Insurer is permitted discovery as to whether medical provider is wholly owned by licensed healthcare practitioner

19 Fla. L. Weekly Supp. 1029a

Online Reference: FLWSUPP 1912TAM2Insurance — Discovery — Insurer is permitted discovery as to whether medical provider is wholly owned by licensed healthcare practitioner

19 Fla. L. Weekly Supp. 378b

Online Reference: FLWSUPP 1905HUBEInsurance — Personal injury protection — Discovery — Independent medical examiner — Objections to discovery request seeking information on extent of IME practice of physician who performed independent medical examination on insured are overruled

19 Fla. L. Weekly Supp. 294a

Online Reference: FLWSUPP 1904CUEVInsurance — Personal injury protection — Discovery — Interrogatories — Insurer’s motion for more complete answers to interrogatories demanding information regarding services rendered to insured by other medical providers, composition of provider’s practice, and reimbursement sources and litigation over past three years is denied — Request for information on amounts accepted for CPT codes at issue is limited to payments received from Medicare in previous three months — Motion to require production of pleadings, trial and deposition transcripts, documentation evidencing that charges are in accordance with various guidelines, and contracts with any private health insurance entities is denied — Request for advertising materials is limited to three months

19 Fla. L. Weekly Supp. 847b

Online Reference: FLWSUPP 1910MOISInsurance — Discovery — Failure to comply — Sanctions — Trial court denies motion for reconsideration of order striking insurer’s witnesses and pleadings where insurer violated numerous orders to provide discoverable impeachment evidence relating to its witnesses as well as order requiring filing of pretrial stipulation — Claim that medical provider’s pleadings are nullity because provider’s co-counsel never filed notice of appearance is refuted by docket — Final judgment entered