Volume 20

20 Fla. L. Weekly Supp. 1229a

Online Reference: FLWSUPP 2012AGUIInsurance — Personal injury protection — Discovery — Work product privilege — Adjuster notes and investigative materials generated prior to demand letter were generated in ordinary course of business and not in response to event which foreseeably could be made the basis of a future claim — Work product privilege does not apply to these documents

20 Fla. L. Weekly Supp. 822c

Online Reference: FLWSUPP 2008COLEInsurance — Personal injury protection — Discovery — Work product — Adjuster’s notes that are part of ordinary claim process are not protected by work product privilege

20 Fla. L. Weekly Supp. 1240a

Online Reference: FLWSUPP 2012BURGInsurance — Personal injury protection — Discovery — On in camera inspection of medical provider’s preferred provider agreements, trial court overrules provider’s objections to discovery of PPO agreements that contain confidential and proprietary information but are also relevant to insurer’s position as to amount provider should be reimbursed for CPT codes at issue — Agreements are to be produced subject to confidentiality agreement or other procedure designed to protect confidentiality — Objection to agreement that does not contain confidential or proprietary information and may lead to discovery of admissible evidence is overruled — Objections to documents that are not relevant or likely to lead to admissible evidence are sustained

20 Fla. L. Weekly Supp. 1095a

Online Reference: FLWSUPP 2011BURGInsurance — Personal injury protection — Discovery — Interrogatories — Reasonableness of charges — Medical provider is ordered to provide better responses to discovery requests concerning usual and customary charges and payments accepted by provider

20 Fla. L. Weekly Supp. 629a

Online Reference: FLWSUPP 2006RAMIInsurance — Personal injury protection — Coverage — Medical benefits — Diagnostic services — Reasonableness of charges — Discovery — Information regarding other types of insurance accepted by provider and reimbursement amounts that provider has agreed to accept from other insurance companies, including HMO and PPO agreements — Amount a medical provider contracts for with other providers, such as HMO or PPO setting, may be logically probative of the reasonableness of what is charged or reimbursed — Plaintiff ordered to provide for in camera inspection information regarding HMO and PPO agreements between plaintiff, or other entity through which plaintiff provided medical services, and any managed care provider, HMO, PPO, or others, in effect of dates of service at issue in this case

20 Fla. L. Weekly Supp. 811b

Online Reference: FLWSUPP 2008MARSInsurance — Personal injury protection — Discovery — Motion to compel third party to produce information regarding payments made on behalf of insurer to physician who conducted independent medical examination is granted

20 Fla. L. Weekly Supp. 665a

Online Reference: FLWSUPP 2007MOREInsurance — Personal injury protection — Discovery — Interrogatories — Documents — Insurer is entitled to discovery related to medical provider’s MRI procedures, including lease agreements and Medicare and Medicaid reimbursements — Fact that documents pertaining to lawsuits to which provider is party are public records is not proper basis for discovery objection — Where provider has burden to prove that care rendered and amount charged were reasonable, related and necessary, information regarding amounts provider receives from other entities, billing procedures, and setting of charges is discoverable — Request for all non-privileged documents referenced in provider’s answer to interrogatories is not overbroad

20 Fla. L. Weekly Supp. 798a

Online Reference: FLWSUPP 2008FINLInsurance — Personal injury protection — Discovery — Insurer is ordered to provide better responses to interrogatories relating to its use of workers’ compensation fee schedule to adjust claims and to produce documents utilized in its decision to reduce medical provider’s bills

20 Fla. L. Weekly Supp. 1091a

Online Reference: FLWSUPP 2011MANGInsurance — Discovery — Motion to compel better responses to discovery requests pertaining to payments medical provider accepts from other sources for CPT codes at issue is denied

20 Fla. L. Weekly Supp. 1157a

Online Reference: FLWSUPP 2012STARInsurance — Discovery — Financial relationship between insurer and expert witness