Volume 21

21 Fla. L. Weekly Supp. 938a

Online Reference: FLWSUPP 2109DURRInsurance — Personal injury protection — Discovery — Depositions — Managing member of medical provider’s limited liability company is required to submit to deposition despite not having provided treatment to insured where deposition testimony is related to issues raised by insurer’s defense that provider has engaged in fraudulent billing and fabrication of medical records — No merit to argument that deposition would unduly burden and inconvenience managing member — Provider’s offer to present chief operating officer for deposition does not preclude deposition of managing member

21 Fla. L. Weekly Supp. 266a

Online Reference: FLWSUPP 2103MOREInsurance — Personal injury protection — Discovery — Depositions — Areas of inquiry in deposition of litigation adjuster are limited to exclude questions as to how insurer calculated payments, which are not relevant since medical provider has burden to prove reasonableness of charges

21 Fla. L. Weekly Supp. 814a

Online Reference: FLWSUPP 2108VALEInsurance — Personal injury protection — Depositions — Documents — Scope of inquiry and documents and data to be produced by insurer are established — Insurer is not required to create data, but must compile summary of existing data

21 Fla. L. Weekly Supp. 583a

Online Reference: FLWSUPP 2106BUSHInsurance — Personal injury protection — Discovery — Depositions — In deposition of insurer’s designated representative, medical provider is entitled to inquire about reimbursement levels in community as reflected by amounts insurer has paid other diagnostic imaging providers in county for CPT codes at issue — Insurer is required to bring entire PIP claim file and underwriting file to deposition and to produce random samplings of explanations of review showing amounts insurer paid to other providers

21 Fla. L. Weekly Supp. 567b

Online Reference: FLWSUPP 2106TERLInsurance — Discovery — Depositions — In deposition of insurer’s designated representative, medical provider is entitled to inquire about reimbursement levels for CPT codes at issue in county where provider is located and service was performed

21 Fla. L. Weekly Supp. 697a

Online Reference: FLWSUPP 2107NARVInsurance — Discovery — Depositions — In deposition of insurer’s designated representative, medical provider is entitled to inquire about payments made to other similar providers in same geographical area for CPT codes at issue

21 Fla. L. Weekly Supp. 810a

Online Reference: FLWSUPP 2108RAMIInsurance — Personal injury protection — Discovery — Depositions — At deposition of insurer’s corporate representative, medical provider may inquire as to reimbursement levels in community as reflected by amounts insurer has paid other similarly placed providers in community — Insurer is required to bring to deposition complete PIP file and any documents that identify person who decided allowable amount for claim

21 Fla. L. Weekly Supp. 624a

Online Reference: FLWSUPP 2107HERRInsurance — Discovery — Depositions — Error to compel claims adjuster to travel from Orange County to Broward County for deposition

21 Fla. L. Weekly Supp. 694b

Online Reference: FLWSUPP 2107AORTInsurance — Discovery — Depositions — Failure to attend — Sanctions — Failure of medical provider’s representative to stay in contact with his attorney does not negate representative’s responsibility to attend deposition

21 Fla. L. Weekly Supp. 264a

Online Reference: FLWSUPP 2103TURNInsurance — Discovery — Depositions — Failure to attend — Sanctions — Where medical provider has shown willful disregard for multiple court orders compelling attendance at depositions, and provider’s counsel repeatedly informed court that he would not comply with orders, complaint is dismissed with prejudice and attorney’s fees are awarded