Volume 21

21 Fla. L. Weekly Supp. 493d

Online Reference: FLWSUPP 2106GARAInsurance — Discovery — Work product — Error to compel production of adjuster’s notes

21 Fla. L. Weekly Supp. 493c

Online Reference: FLWSUPP 2106MENEInsurance — Discovery — Work product — Error to compel production of adjuster’s notes

21 Fla. L. Weekly Supp. 27a

Online Reference: FLWSUPP 2101STATInsurance — Personal injury protection — Discovery — Work product — Adjuster’s notes — In PIP case in which breach of contract or coverage are still in issue and in which there is no bad faith claim, discovery of adjuster’s notes is prohibited by work product privilege

21 Fla. L. Weekly Supp. 804a

Online Reference: FLWSUPP 2108TRUJInsurance — Personal injury protection — Discovery — Documents — HMO and PPO contracts between medical provider and other insurers are confidential, trade secret, proprietary documents that are not discoverable and cannot reasonably lead to discoverable evidence — Medicare fee schedule rates are not relevant to determine whether provider’s charges are reasonable

21 Fla. L. Weekly Supp. 280b

Online Reference: FLWSUPP 2103DINGInsurance — Personal injury protection — Discovery — Trade secrets — Protective order regarding disclosure of data relied upon by insurer’s expert witness on issue of reasonableness of charges

21 Fla. L. Weekly Supp. 32a

Online Reference: FLWSUPP 2101ENRIInsurance — Discovery — Surveillance video — Order compelling insurer that conducted surveillance allegedly demonstrating that insured did not receive treatment on days billed to disclose surveillance video before deposing medical provider’s employees satisfies jurisdictional burden for common-law certiorari relief by demonstrating material injury that may not be remedied on plenary appeal — Abuse of discretion to order disclosure of video before depositions where insurer attempted to depose provider’s employees within reasonable time and did not delay deposing witnesses

21 Fla. L. Weekly Supp. 358b

Online Reference: FLWSUPP 2104KERSInsurance — Personal injury protection — Discovery — Documents — Work product — Adjuster’s notes in claims file that were revealed on in camera inspection to be relevant and to be part of ordinary claims process, not work product, are not privileged — Question certified: When an insurer in a PIP case disputes coverage or extent of damages, but an in camera inspection of the insurer’s adjuster notes in a “claims file” reveals non-work product (which are created as part of the ordinary claims process) that are potentially relevant on the issue of coverage and extent of damages, may the court require production of these non-work product adjuster notes as an exception to the general rule that an insurer’s “claims file” is not discoverable until the coverage issue has been resolved?

21 Fla. L. Weekly Supp. 28b

Online Reference: FLWSUPP 2101DABUInsurance — Personal injury protection — Pre-suit discovery — Insured’s action against insurer — Trial court erred in entering summary judgment for insurer based on failure to provide pre-suit discovery pursuant to section 627.736(6)(b) — Statute does not impose any discovery obligation on insured and is addressed only to discovery required when medical providers sue for PIP benefits as assignees of insureds — Moreover, there is no support for conclusion that total forfeiture of PIP benefits is warranted for failure to comply with section 627.736(6)(b) — Documents required to be produced under statute are limited and do not include provider’s licenses

21 Fla. L. Weekly Supp. 427b

Online Reference: FLWSUPP 2105LACAInsurance — Personal injury protection — Discovery — Medical provider is required to provide reimbursement amounts it was willing to accept or accepted for CPT codes at issue from patients insured by HMO, PPO, Medicare and Medicaid, and uninsured patients, as such payments are relevant to issue of reasonableness of charges

21 Fla. L. Weekly Supp. 808b

Online Reference: FLWSUPP 2108PULIInsurance — Personal injury protection — Discovery — Interrogatories — Motion for reconsideration of order requiring medical provider to disclose reimbursement amounts it received from other insurance carriers and uninsured patients for CPT codes at issue is denied where provider has not demonstrated that reimbursement amounts constitute trade secrets, insurer has demonstrated that reimbursement amounts are reasonably necessary to defend against provider’s claim that its bills are reasonable, and order requiring disclosure contained sufficient safeguards to protect against disclosure of confidential information or trade secrets