Volume 22

22 Fla. L. Weekly Supp. 469a

Online Reference: FLWSUPP 2204SCHAInsurance — Personal injury protection — Discovery — Failure to comply — Medical provider that has not complied with order requiring it to respond to request to produce is held in contempt and ordered to pay attorney’s fees

22 Fla. L. Weekly Supp. 786a

Online Reference: FLWSUPP 2207DIAZInsurance — Personal injury protection — Discovery — Appeals — Order denying insurer’s request for production of insured’s employment records does not merit certiorari review where insurer claims records are necessary to establish that accident may have been staged during time that elapsed between time of accident reported by insured and actual time of accident, but insurer’s affirmative defenses and counterclaim plead material misrepresentations in application, not fraud from staged accident, and records are unlikely to lead to additional evidence of fraud by insured who has admitted to time discrepancy

22 Fla. L. Weekly Supp. 369a

Online Reference: FLWSUPP 2203RETTInsurance — Personal injury protection — Discovery — Any inquiry into whether plaintiff’s bill for emergency services was related and medically necessary, or whether charge was reasonable, is irrelevant given deposition testimony by insurer’s corporate representative indicating that plaintiff’s treatment was reasonable, related, and medically necessary and that the sole reason bill was not paid was that it was applied to deductible, and insurer’s actions in allowing the submitted bill in full and applying the full amount of the bill to the policy deductible — Motions to compel depositions denied — Plaintiff’s motion for protective order granted

22 Fla. L. Weekly Supp. 1102b

Online Reference: FLWSUPP 2209JFERInsurance — Discovery — Electronically stored information — Charges received by insurer for CPT codes at issue for services rendered in Miami-Dade County during two-month period

22 Fla. L. Weekly Supp. 1102a

Online Reference: FLWSUPP 2209LOZAInsurance — Discovery — Electronically stored information — Charges received by insurer for CPT codes at issue for services rendered in Miami-Dade County during two-month period

22 Fla. L. Weekly Supp. 1117b

Online Reference: FLWSUPP 2210RODRInsurance — Discovery — Claim file — Error to require insurer to produce various documents from claim file in declaratory relief and breach of contract case not involving bad faith claim

22 Fla. L. Weekly Supp. 422a

Online Reference: FLWSUPP 2204OCCEInsurance — Personal injury protection — Discovery — Claim file — Adjuster notes — Privilege — Insurer failed to preserve for review its claim that documents it had been ordered to produce were privileged where insurer raised privilege in motion for rehearing of trial court’s order finding that insurer waived right to object to request for production by failing to comply with original deadlines, but insurer abandoned the motion for rehearing by filing petition for writ of certiorari before trial court ruled on it — Petition for writ of certiorari denied without prejudice to insurer’s right to object to disclosure of entire claim file and to have file submitted to trial court for in camera inspection

22 Fla. L. Weekly Supp. 1015e

Online Reference: FLWSUPP 2209WINDInsurance — Discovery — Requests for admission — Belated answers — Trial court did not abuse discretion in refusing to permit insurer to file belated answers to requests for admissions and in entering summary judgment for medical provider where insurer did not move for relief from technical admissions and leave to file belated answers until after hearing on provider’s motion for summary judgment

22 Fla. L. Weekly Supp. 656a

Online Reference: FLWSUPP 2205GONZInsurance — Personal injury protection — Discovery — Depositions — There is no legal basis for court to order sequence of depositions

22 Fla. L. Weekly Supp. 1088d

Online Reference: FLWSUPP 2209DIAGInsurance — Discovery — Depositions — Notice seeking depositions by naming witnesses and/or describing their position or function impermissibly commingled notice methods allowed by rule 1.310(a) for taking depositions of natural persons and rule 1.310(b)(6) for taking depositions of corporate representatives — Depositions will be reset with representatives designated by insurer, not medical provider — Provider may take deposition of any natural person without designating topics