Volume 23

Case Search

HESS SPINAL & MEDICAL CENTERS, P.A., a.a.o. Ton’Taja Butler, Plaintiff, vs. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant.

23 Fla. L. Weekly Supp. 177a

Online Reference: FLWSUPP 2302BUTLInsurance — Personal injury protection — Discovery — Depositions — Motion to compel deposition of physician who made determination that insured suffered emergency medical condition is denied where it is undisputed that physician is qualified medical provider, and PIP statute does not permit insurer to challenge determination of qualified provider that insured had emergency medical condition

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PHYSICIANS GROUP, LLC a/a/o DEVON LOVE, Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant

23 Fla. L. Weekly Supp. 1063a

Online Reference: FLWSUPP 2310LOVEInsurance — Personal injury protection — Discovery — Depositions — Insurer is not allowed to depose nurse practitioner regarding her determination that insured suffered emergency medical condition — PIP statute does not permit insurer to challenge determination of qualified provider that insured had emergency medical condition

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PHYSICIANS GROUP, LLC., a/a/o TONYA BUTLER, Plaintiff, vs. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant.

23 Fla. L. Weekly Supp. 1062a

Online Reference: FLWSUPP 2310BUTLInsurance — Personal injury protection — Discovery — Depositions — Insurer is not allowed to depose nurse practitioner regarding her determination that insured suffered emergency medical condition — PIP statute does not permit insurer to challenge determination of qualified provider that insured had emergency medical condition

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XTREME CHIROPRACTIC & REHAB, INC. (a/a/o CABRERA, JACK), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

23 Fla. L. Weekly Supp. 640a

Online Reference: FLWSUPP 2306JCABInsurance — Personal injury protection — Discovery — Scope of deposition of insurer’s designated corporate representative — Insurer to produce for in camera inspection copy of executed agreements/contracts between insurer and third-party auditors if utilized to adjust, process, or facilitate the adjusting or processing of claim and in effect during relevant period — Delineation of additional documents to be produced pursuant to notice of deposition duces tecum — Protective order granted with regard to documents containing the business rule that was applied to plaintiff’s bills, pursuant to which insurer determined the allowed amount for a relevant CPT code based upon 200 percent of allowable amount under participating physicians Medicare Part B schedule

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STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. PREMIER DIAGNOSTIC IMAGING, a/a/o CLAUVEL BENJAMIN, Respondent.

23 Fla. L. Weekly Supp. 399b

Online Reference: FLWSUPP 2305BENJInsurance — Personal injury protection — Discovery — Depositions — Petition for writ of certiorari challenging order denying insurer’s motion seeking to prevent deposition of insurer’s corporate representative on topics alleged to be privileged is denied where insurer has failed to show that order caused it irreparable harm — If corporate representative is asked to testify to privileged information or is required to produce privileged materials at deposition, insurer may raise contemporaneous objection to be dealt with by trial court

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