Volume 23

23 Fla. L. Weekly Supp. 867a

Online Reference: FLWSUPP 2308WASEInsurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Striking of pleadings and entry of default is appropriate sanction for insurer’s failure to comply with multiple orders requiring production of geozip information where noncompliance was willful, deliberate and contumacious, insurer’s failure to comply with discovery has become norm in cases and has previously been sanctioned, insurer was personally involved in disobedience and has offered no reasonable justification for noncompliance, and conduct has prejudiced medical provider’s prosecution of case and created significant problem of judicial administration

23 Fla. L. Weekly Supp. 973a

Online Reference: FLWSUPP 2309COLLInsurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Where insurer has deliberately failed to comply with multiple orders requiring production of geozip information, and failure has prejudiced medical provider in its attempts to obtain discoverable evidence and prosecute action, provider’s charge is deemed reasonable

23 Fla. L. Weekly Supp. 968a

Online Reference: FLWSUPP 2309JEANInsurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Where insurer has deliberately failed to comply with multiple orders requiring production of geozip information, and failure has prejudiced medical provider in its attempts to obtain discoverable evidence and prosecute action, insurer’s pleadings are stricken and default judgment is entered

23 Fla. L. Weekly Supp. 964b

Online Reference: FLWSUPP 2309HINCInsurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Where insurer has deliberately failed to comply with multiple orders requiring discovery, insurer’s pleadings are stricken and default judgment is entered

23 Fla. L. Weekly Supp. 629a

Online Reference: FLWSUPP 2306LIBEInsurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Where insurer has deliberately failed to comply with multiple orders requiring production of geozip information, and failure has prejudiced medical provider in its attempts to obtain discoverable evidence and prosecute action, insurer’s pleadings are stricken and default judgment is entered — Insurer’s claim that third-party is entitled to trade-secret privilege or confidentiality over insurer’s own information is frivolous

23 Fla. L. Weekly Supp. 576a

Online Reference: FLWSUPP 2306OSPIInsurance — Discovery — Failure to comply — Sanctions

23 Fla. L. Weekly Supp. 485a

Online Reference: FLWSUPP 2305SAVAInsurance — Discovery — Sanctions — Where insurer did not respond to overtures from medical provider advising that insurer’s discovery responses were deficient and seeking opportunity to resolve and narrow discovery issues, monetary sanctions are imposed on insurer for actions that were willful and in bad faith

23 Fla. L. Weekly Supp. 262a

Online Reference: FLWSUPP 2303BARRInsurance — Personal injury protection — Discovery — Where insurer unilaterally, albeit improperly, elected to use permissive statutory fee schedule to calculate reimbursement rate, reasonableness of charges is not at issue — Medical provider may depose insurer’s corporate representative on facts supporting affirmative defenses, explanation of review, receipt of bills and demand letters and responses thereto, payment of CPT codes at issue, PIP policy and processing of provider’s bills

23 Fla. L. Weekly Supp. 982a

Online Reference: FLWSUPP 2309TRAEInsurance — Provider’s action against insurer — Discovery — Adjuster notes/documentation generated prior to receipt of notice of intent to initiate litigation, with attorney-client privileged communications redacted

GEICO INDEMNITY COMPANY, Petitioner, vs. PHOENIX EMERGENCY SERVICES OF INVERNESS a/a/o JOSEPH TRAESTER, Respondent.