Volume 21

21 Fla. L. Weekly Supp. 501a

Online Reference: FLWSUPP 2106FRANInsurance — Personal injury protection — Discovery — Medical records of nonparties — Error to order insurer to comply with request to produce records of peer review reports that medical expert prepared before and after he prepared report concerning insured where medical provider has not complied with statutory requirement to provide notice to affected nonparties that are subjects of those reports

21 Fla. L. Weekly Supp. 375a

Online Reference: FLWSUPP 2104QUINCriminal law — Driving while license suspended or revoked — Evidence — Statements of defendant — Corpus delicti — Defendant’s admission to his identity to deputy at scene of traffic stop is not admissible where other evidence admitted is not sufficient to establish prima facie case of driving while license suspended or revoked with knowledge

21 Fla. L. Weekly Supp. 338b

Online Reference: FLWSUPP 2104NMANInsurance — Discovery — Documents — Enforcement of discovery order

21 Fla. L. Weekly Supp. 352a

Online Reference: FLWSUPP 2104CASTInsurance — Personal injury protection — Discovery — Admissions — Where request for admissions asks insurer to admit or deny that it received certain bills from non-party MRI providers for same CPT code billed by plaintiff medical provider, insurer’s inclusion of amount it ultimately paid on each bill in response is non-responsive to provider’s narrow request and an improper assertion of argument regarding insurer’s right to reduce charges — Improper portion of each response is stricken

21 Fla. L. Weekly Supp. 132a

Online Reference: FLWSUPP 2102PARKInsurance — Personal injury protection — Discovery — Non-party expert witness — Error to require disclosure of financial information from non-party expert witness beyond limitations established by rule 1.280(b)(5)(A)(iii) and Elkins v. Syken, and without finding of “most unusual or compelling circumstances” — Error to require disclosure of non-party compulsory medical examination reports without prior notice to affected non-parties

21 Fla. L. Weekly Supp. 565b

Online Reference: FLWSUPP 2106PAREInsurance — Discovery — Medical provider is not required to produce contracts between provider and insurance companies or explanations of benefits/reviews from workers’ compensation carriers, Medicaid, or Medicare — Provider is required to produce explanations of benefits/reviews from private insurance companies or provide affidavit substantiating claim that production would entail undue burden and expense

21 Fla. L. Weekly Supp. 583b

Online Reference: FLWSUPP 2106MARRInsurance — Personal injury protection — Discovery — Interrogadtories — Medical provider must disclose whether it has contracts with private health insurers — Provider is not required to disclose amounts paid, average amounts paid, or range of reimbursement amounts paid for CPT codes at issue by private insurers — Provider must disclose average reimbursement amount received for CPT codes at issue from other PIP insurers

21 Fla. L. Weekly Supp. 695b

Online Reference: FLWSUPP 2107RODRInsurance — Personal injury protection — Discovery — Failure to respond — Sanctions — Insurer that failed to respond to four court orders regarding discovery is found in contempt of discovery rules where attorney and law firm have history of involvement in cases in which insurer has failed to respond to discovery, delay prejudiced medical provider and created significant problems of judicial administration, and insurer has offered no credible reasonable justification for failure to comply with orders — Affirmative defenses are stricken, insurer is precluded from presenting evidence in support of material misrepresentation claim, and provider is awarded attorney’s fees and costs as well as monetary sanctions for contempt

Online Reference: FLWSUPP 2106RETTInsurance — Personal injury protection — Discovery — Amounts emergency services provider charged to and received from HMO/PPO insurer for CPT codes at issue are discoverable, notwithstanding insurer’s contention that reasonableness of charge is not at issue and only remaining issue is whether bill from emergency services provider can be applied to deductible under section 627.736(4)(c)

21 Fla. L. Weekly Supp. 366b

Online Reference: FLWSUPP 2104SCHLInsurance — Personal injury protection — Discovery — Electronic service — Because insurer was pro se litigant until its attorney filed notice of appearance and designation of email address, non-electronic service of discovery request simultaneous with summons and complaint was proper — Motion to strike is denied