Volume 22

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AXCESS DIAGNOSTICS, ETC., Plaintiff, v. STATE FARM MUTUAL, ETC., Defendant.

22 Fla. L. Weekly Supp. 1088c

Online Reference: FLWSUPP 2209AXCEInsurance — 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

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HEALTH DIAGNOSTICS OF MIAMI, LLC, d/b/a STAND-UP MRI OF MIAMI, a/a/o Tawana Dixon, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 1097b

Online Reference: FLWSUPP 2209DIXOInsurance — Personal injury protection — Discovery — Depositions — Scope of deposition of medical provider’s corporate representative is limited to areas of inquiry and questions not already asked and answered in deposition taken by different law firm representing insurer in separate action between same parties — Areas of inquiry and documents to be produced at deposition are established

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FLORIDA HOSPITAL MEDICAL CENTER, as assignee of Paul Comazzi, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 123b

Online Reference: FLWSUPP 2201COMAInsurance — Personal injury protection — Discovery — Interrogatories — Where insurer utilized permissive statutory fee schedule to calculate reimbursement rates, reasonableness of medical provider’s charge is no longer at issue — Objections to interrogatories seeking information as to reasonableness of charge are sustained

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RBC HEALTH CLINICS, LLC d/b/a POLK ACCIDENT AND REHAB CENTER a/a/o MICHELLE BRYAN, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 1061a

Online Reference: FLWSUPP 2209BRYAInsurance — Personal injury protection — Discovery — Depositions — Scope of inquiry — Reasonableness of charges — Medical provider is compelled to produce documents regarding payments for CPT codes at issue made by Medicare, Medicaid, workers’ compensation, PPOs, HMOs, private insurance carriers, private pay and other payors and provider’s corporate representative shall testify about charges to and payments by those entities

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EMERGENCY MEDICINE PROFESSIONALS, P.A., as assignee of Diana Harpel, Plaintiff, v. FIRST ACCEPTANCE INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 937a

Online Reference: FLWSUPP 2208HARPInsurance — Personal injury protection — Coverage — Medical expenses — Reasonable, related, and necessary treatment — Discovery — Depositions — Provider’s representative — Further inquiry into whether claim was related and medically necessary or whether charge was reasonable is irrelevant and immaterial where bill was processed and paid under statutory fee schedule — Insurer’s motion to compel denied

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EMERGENCY MEDICINE PROFESSIONALS, P.A., as Assignee of Londarel Harris, Plaintiff, v. FIRST ACCEPTANCE INSURANCE COMPANY, INC., Defendant.

22 Fla. L. Weekly Supp. 112a

Online Reference: FLWSUPP 2201EMERInsurance — Personal injury protection — Discovery — Depositions — Although insurer applied portion of emergency service provider’s bill to deductible without challenging reasonableness of charges, validity of assignment, lawfulness of treatment, or satisfaction of conditions precedent, information related to those issues is discoverable where the issues have been raised either in provider’s case in chief or in insurer’s answer

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