Volume 23

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KAGAN, JUGAN & ASSOCIATES, P.A. a/a/o VIDA NORIEGA, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant

23 Fla. L. Weekly Supp. 1040b

Online Reference: FLWSUPP 2310NORIInsurance — Personal injury protection — Discovery — Requests for identification of every person who accessed claim file and every fact known to insurer about claim are overbroad — Medical provider may depose claims representative to determine if there were other individuals with decision making authority, and insurer must disclose information relied upon in making decision about claim — Insurer is not required to respond to interrogatories or requests to produce seeking information and documents claimed to be privileged until it is determined whether privilege exists and, if so, provider makes required showing of necessity and inability to obtain information through other means — Insurer is not required to provide claim information that provider already possesses — Insurer is not required to produce all information transmitted to medical providers

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ORTHOPEDIC TRAUMATOLOGY REHAB A/A/O CELIO RODRIGUEZ, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

23 Fla. L. Weekly Supp. 173c

Online Reference: FLWSUPP 2302CRODInsurance — Personal injury protection — Discovery — Depositions — Pre-litigation adjuster — Medical provider has right to depose pre-litigation adjuster who made determination as to why provider’s bills were reduced or denied — Insurer’s argument that provider should depose litigation adjuster rather than pre-litigation adjuster is rejected

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NEUROLOGY PARTNERS, P.A. a/a/o PEGGY JOHNSON, Plaintiff, v. ASSURANCE AMERICA INSURANCE COMPANY, Defendant.

23 Fla. L. Weekly Supp. 552a

Online Reference: FLWSUPP 2306JOHNInsurance — Discovery — Depositions — Motion to compel deposition of adjustor who has assumed duties of original adjuster, who is no longer employed by insurer, is granted where deposition appears to be reasonably calculated to lead to discovery of admissible evidence, and there is no evidence of bad faith in seeking deposition or any indication that deposition would harass or annoy insurer

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PAN AM DIAGNOSTIC SERVICES, INC., D/B/A, PAN AM DIAGNOSTIC OF ORLANDO, (Junior Valceus), Plaintiff(s), vs. STATE FARM FIRE AND CASUALTY INSURANCE COMPANY, Defendant(s).

23 Fla. L. Weekly Supp. 374b

Online Reference: FLWSUPP 2304VALCInsurance — Personal injury protection — Discovery — Depositions — Insurer’s admission and representation that its payment of MRI charges in accordance with permissive statutory fee schedule was pursuant to its PIP policy constituted admission that services were related and medically necessary — Insurer may not depose insured and treating physician on those issues

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