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Volume 24

Case Search

APPLE MEDICAL CENTER, LLC (a/a/o Clerjuste, Wilner), Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendants.

24 Fla. L. Weekly Supp. 449c

Online Reference: FLWSUPP 2406WILNInsurance — Personal injury protection — Discovery — Depositions — Scope of inquiry in deposition duces tecum of insurer’s corporate representative — Medical provider may inquire into method of determining usual and customary charges in community and reasonableness of provider’s charges — Insurer is required to produce entire PIP claim file and documents relating to all medical reports and bills received from provider, auto-processing of claim, damage to vehicle, and calculation of reasonable amount for services rendered and methodology used — Insurer must also produce documents relied upon to dispute amount charged by provider, geo-zip report, and any executed agreements between insurer and any third-party auditing vendor used to adjust claim

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EMERGENCY MEDICAL ASSOCIATES OF TAMPA BAY, L.L.C., as assignee of Joan Dottin, Plaintiff, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant.

24 Fla. L. Weekly Supp. 342b

Online Reference: FLWSUPP 2405DOTTInsurance — Personal injury protection — Discovery — Failure to comply — Sanctions are awarded where insurer failed to produce medical records and explanations of reimbursement from other medical providers to insured, asserting requirements of Health Insurance Portability and Accountability Act that were found not to be applicable to insurer in three prior cases — Motions to compel production of documents and deposition of insurer’s corporate representative are granted

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