Volume 22

22 Fla. L. Weekly Supp. 954c

Online Reference: FLWSUPP 2208WALTInsurance — Discovery — Depositions — Failure to attend — Sanctions — Dismissal

22 Fla. L. Weekly Supp. 458a

Online Reference: FLWSUPP 2204FRANInsurance — Personal injury protection — Standing — Assignment — Validity — Document that authorizes medical provider to prosecute action is valid assignment of benefits — Failure to include names of provider and insurer on assignment creates issue of fact precluding summary judgment

22 Fla. L. Weekly Supp. 947a

Online Reference: FLWSUPP 2208YGLEInsurance — Discovery — Documents — Work product privilege — Examination under oath

22 Fla. L. Weekly Supp. 878a

Online Reference: FLWSUPP 2208INFAInsurance — Personal injury protection — Discovery — Documents — Work-product privilege — Claims file — Trial court departed from essential requirements of law by requiring insurer to produce documents from claims file where coverage and damages were at issue

22 Fla. L. Weekly Supp. 46a

Online Reference: FLWSUPP 2111HEREInsurance — Personal injury protection — Discovery — Adjuster’s notes — Error to compel production of adjuster’s notes prepared prior to receipt of demand letter without conducting in camera inspection of notes

22 Fla. L. Weekly Supp. 423a

Online Reference: FLWSUPP 2204PEREInsurance — Personal injury protection — Discovery — Adjuster notes — Trial court departed from essential requirements of law by compelling production of adjuster notes in PIP action that did not involve allegations of bad faith and in which amount of damages was at issue

22 Fla. L. Weekly Supp. 184b

Online Reference: FLWSUPP 2202ALVAInsurance — Personal injury protection — Discovery — Interrogatories — Trade secret privilege — Although trial court made implicit findings as to whether trade secret privilege was applicable when crafting confidentiality limitations in order requiring disclosure of reimbursements amounts paid to medical provider by other insurers, clear findings are required

22 Fla. L. Weekly Supp. 515c

Online Reference: FLWSUPP 2205BURGInsurance — Discovery — Documents — Settlement documents necessary to determine if final judgment in settled case constitutes res judicata in present case — Fact that settlement documents are public records or could be obtained from other party to agreement does not relieve insurer from producing documents in its possession, custody, or control

22 Fla. L. Weekly Supp. 674a

Online Reference: FLWSUPP 2206ROMEInsurance — Personal injury protection — Discovery — Privilege — Work product — Pre-litigation adjuster notes in insurer’s claims file are not discoverable in first-party coverage and damages lawsuit between medical provider and insurer — Trial court departed from essential requirements of law in compelling disclosure of notes

22 Fla. L. Weekly Supp. 1060b

Online Reference: FLWSUPP 2209SENDInsurance — Personal injury protection — Discovery — Depositions — Reasonableness of charges — Where insurer elected to pay PIP benefits under permissive statutory fee schedule, reasonableness of charges is irrelevant — Motion to compel deposition is denied