Volume 23

23 Fla. L. Weekly Supp. 364b

Online Reference: FLWSUPP 2304SGARInsurance — Dismissal — Where medical provider has filed duplicate lawsuits, second filed suit is dismissed without prejudice to continuing litigation of first filed suit

23 Fla. L. Weekly Supp. 963b

Online Reference: FLWSUPP 2309SOTOInsurance — Dismissal — Failure to prosecute — Where medical provider failed to prosecute case for period in excess of one year, failed to submit notice of good cause prior to hearing on motion to dismiss for failure to prosecute and failed to show good cause at hearing, case is dismissed

23 Fla. L. Weekly Supp. 83a

Online Reference: FLWSUPP 2302GOLDInsurance — Discovery — Appeals — Certiorari — Contention that discovery order creates undue burden not appropriately resolved by writ of certiorari where degree of burden is controverted — Even if burden were not controverted, insurer is not entitled to relief where it has not shown that discovery would cause anything more than unwarranted effort and expense — Insurer is likewise not entitled to certiorari relief on claim that discovery order compels disclosure of privileged materials where discovery order was made subject to in camera review and redaction and protection of privileged and proprietary information, but insurer has not submitted any material to trial court for its review

23 Fla. L. Weekly Supp. 769c

Online Reference: FLWSUPP 2307SHUPInsurance — Discovery — Documents — Non-party — Discovery limited to documents regarding insured’s claim and documents reviewed and prepared by non-party in making emergency medical condition determination

VIRTUAL IMAGING SERVICES, INC., A/A/O JORGE VALDEZ, Appellant, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Appellee.

23 Fla. L. Weekly Supp. 56a

Online Reference: FLWSUPP 2301WHITInsurance — Personal injury protection — Discovery — Negotiated contract rates and Medicare and Medicaid reimbursements accepted by provider are not discoverable — Insurer is entitled to discover reimbursement amounts accepted by provider from other PIP carriers and third-party payors that do not have negotiated rate contracts with provider

23 Fla. L. Weekly Supp. 54a

Online Reference: FLWSUPP 2301JBOWInsurance — Personal injury protection — Discovery — Negotiated contract rates, Medicare reimbursements and patient co-payments accepted by medical provider are not discoverable where these are not enumerated in PIP statute as factors to be considered in determining reasonableness of charges, and information sought is not reasonably calculated to lead to relevant evidence — Reimbursements accepted by provider from other PIP carriers are relevant and discoverable

23 Fla. L. Weekly Supp. 52a

Online Reference: FLWSUPP 2301CAMEInsurance — Personal injury protection — Discovery — Negotiated contract rates, Medicare and Medicaid reimbursements and patient co-payments accepted by medical provider are not discoverable — Reimbursements accepted by provider from other PIP carriers and from third-party payors with which provider does not have negotiated contract rates are relevant and discoverable

23 Fla. L. Weekly Supp. 398a

Online Reference: FLWSUPP 2305NGARInsurance — Personal injury protection — Discovery — Interrogatories — Certiorari challenge to order requiring medical provider to produce matrix indicating prices it has agreed to accept from private health insurers and amounts received from cash-paying patients for CPT codes at issue is dismissed — Order that only requires disclosure of price terms without identification of private insurers or disclosure of formula used to determine prices does not require disclosure of privileged trade secrets

23 Fla. L. Weekly Supp. 250a

Online Reference: FLWSUPP 2303FJACInsurance — Personal injury protection — Discovery — Where medical provider is not seeking payment in excess of 80% of 200% of Medicare Part B fee schedule that is statutory minimum allowed to be reimbursed by PIP insurer, evidence of lower reimbursement rates accepted by provider from other insurance carriers is not relevant — Motion to compel production of contract between provider and other carrier is denied