Volume 24

24 Fla. L. Weekly Supp. 311a

Online Reference: FLWSUPP 2404LAZOInsurance — Personal injury protection — Expert witness — Motion to strike insurer’s expert on reasonableness of charges is denied where expert has sufficiently explained his knowledge regarding range of charges and reimbursement amounts for MRIs in relevant communities and correctly applied his knowledge to facts of case

24 Fla. L. Weekly Supp. 746a

Online Reference: FLWSUPP 2409MIRNInsurance — Relief from judgment — Motion to vacate notice of voluntary dismissal that was intended to dismiss suit only as to two of three plaintiffs, but mistakenly dismissed case as to all plaintiffs, is granted and clerk is ordered to reinstate case

24 Fla. L. Weekly Supp. 731a

Online Reference: FLWSUPP 2409DINHInsurance — Personal injury protection — Dismissal — Lack of prosecution — Where there is no evidence to dispute medical provider’s claim that it did not receive service of notice of lack of prosecution in PIP case in which insurer had confessed judgment, order of dismissal is set aside for limited purpose of conducting hearing to determine reasonable attorney’s fees and costs to be awarded to provider

24 Fla. L. Weekly Supp. 711b

Online Reference: FLWSUPP 2409ELVIInsurance — Dismissal — Lack of prosecution — Pleadings filed more than 60 days after notice of lack of prosecution do not amount to record activity that would prevent dismissal — Notice of good cause that was not sworn and that alleged only that provider had overlooked pleading deadline does not establish good cause to avoid dismissal — Supplemental notice of good cause that was not filed five days before either original hearing date or date on which parties agreed to reset hearing was not timely filed and need not be considered — Case dismissed without prejudice

24 Fla. L. Weekly Supp. 79a

Online Reference: FLWSUPP 2401HEInsurance — Dismissal — Failure to appear for pre-trial conference — Motion to set aside order of dismissal based on excusable neglect should have been set for hearing where motion did not contain sworn statements or affidavits relative to the alleged excusable neglect and circumstances surrounding the p retrial conference appear to be in conflict — Prior order setting aside dismissal, which was entered without a hearing, is granted

24 Fla. L. Weekly Supp. 421b

Online Reference: FLWSUPP 2406POLKInsurance — Homeowners — Discovery — Work product — Objection to production of entire file that was compiled by forensic engineer hired by insurer to inspect homeowners’ damaged roof and used to prepare report relied upon by insurer in denying claim is denied — In camera inspection does not manifestly reveal that documents were prepared in anticipation of litigation

24 Fla. L. Weekly Supp. 849a

Online Reference: FLWSUPP 2410FJOSInsurance — Personal injury protection — Discovery — Trade secret privilege — Contract between PIP insurer and billing review company is protected by trade secret privilege — However, where necessity of production of two sections of contract that clarify role of billing review company in processing medical bills and directives from insurer to company outweighs interest in confidentiality, court orders production of those sections subject to protections to prevent disclosure of privileged information

24 Fla. L. Weekly Supp. 711a

Online Reference: FLWSUPP 2409JUMOInsurance — Personal injury protection — Discovery — Motion to compel medical provider to produce documents detailing amounts charged to other payors and amounts accepted as payment is denied where provider has already produced reimbursement matrices that detail its charges to other insurers for CPT code at issue and amounts paid by those insurers

24 Fla. L. Weekly Supp. 303b

Online Reference: FLWSUPP 2404PHILInsurance — Personal injury protection — Discovery — Medical provider is ordered to produce evidence of payments accepted for CPT codes at issue from Medicare, Medicaid, workers’ compensation, private insurance carriers, private pay, and any other payors — Provider is not required to produce evidence of amounts accepted pursuant to HMO or PPO contracts or private carriers’ contractual reductions

24 Fla. L. Weekly Supp. 435b

Online Reference: FLWSUPP 2406GAINInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges was not at issue where insurer applied statutory fee schedule, and discovery as to reasonableness of provider’s charge is irrelevant, immaterial, and not reasonably calculated to lead to discovery of admissible evidence on the sole issue before the court, which is whether policy provided sufficient notice to insured