Volume 23

Case Search

HEALTH DIAGNOSTICS OF FORT LAUDERDALE, LLC, d/b/a STAND UP MRI OF FORT LAUDERDALE a/a/o Amichelot Liberal, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant

23 Fla. L. Weekly Supp. 185b

Online Reference: FLWSUPP 2302ALIBInsurance — Discovery — Insurer is required to produce GeoZips for CPT codes at issue and all recommended reimbursements it has paid to MRI providers for CPT codes at issue that are equal to or higher than 80% of medical provider’s charge

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HEALTH DIAGNOSTICS OF FORT LAUDERDALE, LLC, d/b/a STAND-UP MRI OF FORT LAUDERDALE, a/a/o Adelponce Origuet, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

23 Fla. L. Weekly Supp. 181d

Online Reference: FLWSUPP 2302ADELInsurance — Discovery — Insurer is required to produce geozips for CPT codes at issue for 60 days before and after dates of service and all recommended reimbursements it has paid to MRI providers in that period for CPT codes at issue that are equal to or higher than 80% of medical provider’s charge

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HEALTH DIAGNOSTICS OF FORT LAUDERDALE, LLC, d/b/a STAND UP MRI OF FORT LAUDERDALE, a/a/o Sonia Morency, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

23 Fla. L. Weekly Supp. 181b

Online Reference: FLWSUPP 2302SMORInsurance — Discovery — Insurer is required to produce geozips for CPT codes at issue for 60 days before and after dates of service and all recommended reimbursements it has paid to MRI providers in that period for CPT codes at issue that are equal to or higher than 80% of medical provider’s charge

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STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. WELLNESS ASSOCIATES OF FLORIDA, INC., Respondent.

23 Fla. L. Weekly Supp. 310b

Online Reference: FLWSUPP 2304FARMInsurance — Personal injury protection — Discovery — Reasonableness of charges — Trial court did not depart from essential requirements of law by ordering insurer to provide reports evidencing charges submitted by other providers to insurer and agreements used by insurer to assist in adjusting bills — Materials sought were not irrelevant — Work product privilege — Where trial court made it clear that it was prepared to conduct in camera review to screen for privilege and confidential materials once the materials were provided to court, and record indicates that insurer never availed itself and withdrew its motion seeking stay pending in camera review on day after submission, certiorari relief based on claim that order caused irreparable harm by requiring discovery of privileged materials would be premature — Certiorari review of claim that production is inappropriate because order required discovery from third parties is likewise premature because trial court has not had opportunity to craft protections suggested by insurer

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ALRON CONSTRUCTION, LLC A/A/O MARTIN PALMA, Plaintiff, v. FEDERATED NATIONAL INSURANCE COMPANY, Defendant.

23 Fla. L. Weekly Supp. 415a

Online Reference: FLWSUPP 2305PALMInsurance — Homeowners — Wind and hail damage to roof — Discovery — Non-parties — Work product privilege does not apply to file containing documents pertaining to inspection of insured residence by non-party that had contracted with insured for inspection of home where documents were not prepared in anticipation of litigation

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CENTRAL PALM BEACH IMAGING, LLC D/B/A MEDICAL CENTER IMAGING, LLC, A FLORIDA CORP. (A/A/O CASTIBLANCO, GERMAN 2), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

23 Fla. L. Weekly Supp. 631b

Online Reference: FLWSUPP 2306GCASInsurance — Discovery — Documents — Insurer is required to produce geozip report reflecting medical providers in community that have performed CPT codes at issue during relevant period in 2009, amounts charged by providers and amounts allowed and paid by insurer — Objection to request to produce geozip report for December 2007 is sustained — Insurer is required to produce certified copy of PIP policy and declarations page

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HEALTH DIAGNOSTICS OF FORT LAUDERDALE, LLC, d/b/a STAND UP MRI OF FORT LAUDERDALE, a/a/o Denise Ferrer, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

23 Fla. L. Weekly Supp. 1085a

Online Reference: FLWSUPP 2310FERRInsurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Where insurer has deliberately failed to comply with multiple orders requiring production of geozip information and has made substantial misrepresentations to court and attempted to use results of its own bad faith conduct as excuse for noncompliance with orders, and insurer’s conduct has prejudiced medical provider in its attempts to obtain discoverable evidence and prosecute action, insurer’s pleadings are stricken and default judgment is entered

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