Volume 24

24 Fla. L. Weekly Supp. 435a

Online Reference: FLWSUPP 2406WRIGInsurance — Personal injury protection — Discovery — Medical records or Explanations of Benefits for providers other than plaintiff — Insurer’s failure to comply — Sanctions

24 Fla. L. Weekly Supp. 752a

Online Reference: FLWSUPP 2409TRAPInsurance — Personal injury protection — Discovery — Interrogatories — Better answers are required to interrogatories concerning methods used by insurer to determine amount payable for medical bills, reimbursement levels in community and usual and customary charges; facts and witnesses in support of affirmative defenses; and persons involved in review of medical bills

24 Fla. L. Weekly Supp. 178b

Online Reference: FLWSUPP 2402MUSSInsurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Where insurer has repeatedly failed to comply with discovery orders and has offered no justification for its noncompliance, resulting delay has prejudiced medical provider in prosecution of case, and court concludes that monetary sanctions would be inadequate, insurer is precluded from placing any expert opinions into evidence

24 Fla. L. Weekly Supp. 571a

Online Reference: FLWSUPP 2407MALDInsurance — Discovery — Failure to comply — Sanctions — Medical provider is ordered to pay sanctions for serving discovery responses after court-ordered deadline and to provide better responses to discovery

24 Fla. L. Weekly Supp. 49a

Online Reference: FLWSUPP 2401RODRInsurance — Personal injury protection — Discovery — Failure to comply — Insurer is required to pay sanctions where its failure to comply with obligation to provide discovery as to factual basis for its denial of relatedness and necessity of treatment unnecessarily prolonged discovery process — Insurer cannot deny discovery request seeking factual basis for its defenses on ground of “burden shifting”

24 Fla. L. Weekly Supp. 486b

Online Reference: FLWSUPP 2407FEIJInsurance — Personal injury protection — Discovery — Error to require production of claim file documents in first party non-bad faith PIP suit

24 Fla. L. Weekly Supp. 202a

Online Reference: FLWSUPP 2403SANGInsurance — Discovery — Trial court departed from essential requirements of law in ordering insurer to produce documents from its claim file to medical provider in first party non-bad-faith case — Further, documents trial court ordered produced were shielded from discovery either by attorney-client privilege, work product privilege, or both

24 Fla. L. Weekly Supp. 273d

Online Reference: FLWSUPP 2404CASTInsurance — Discovery — Trial court departed from essential requirements of law in ordering insurer to produce portions of its adjuster’s notes to medical provider in first-party non-bad-faith case

24 Fla. L. Weekly Supp. 579a

Online Reference: FLWSUPP 2407HOFFInsurance — Personal injury protection — Discovery — Depositions — Motion for protective order to prevent depositions of physician and nurse regarding determination that insured suffered emergency medical condition is granted — PIP statute does no permit insurer to dispute or challenge emergency medical condition determination

24 Fla. L. Weekly Supp. 443a

Online Reference: FLWSUPP 2406RODRInsurance — Personal injury protection — Lawfully rendered services — Discovery — Depositions — Motion for protective order barring PIP insurer from deposing owner of medical provider regarding qualification for exemption from licensing is granted — Lawfulness of services rendered is not issue where insurer failed to assert it as affirmative defense — Further, although insurer may address whether provider has license or has received exemption from licensing, it does not have ability to contest whether provider meets requirements for licensing or for exemption