Volume 25

25 Fla. L. Weekly Supp. 656b

Online Reference: FLWSUPP 2507SMIKInsurance — Personal injury protection — Coverage — Medical expenses — Statutory fee schedules — Clear and unambiguous election by insurer — County court granted summary judgment in favor of medical provider determining that insurer’s policy language did not properly elect reimbursement pursuant to statutory fee schedules at time when district court conflict on issue was pending resolution by Florida Supreme Court, and during pendency of insurer’s motion for rehearing in county court supreme court ruled in favor of insurer, after which provider filed notice of voluntary dismissal without prejudice and insurer filed renewed motion for rehearing and motion to strike voluntary dismissal — Notice of voluntary dismissal filed after entry of summary judgment is nullity and is stricken — Renewed motion for rehearing is granted in light of supreme court decision and final judgment is entered in favor of insurer

25 Fla. L. Weekly Supp. 809a

Online Reference: FLWSUPP 2509SUNDInsurance — Service of process — Failure to perfect within 120 days — Motion to dismiss suit for failure to perfect service of process on insurer within 120 days of filing statement of claim is denied where medical provider twice attempted service through Department of Financial Services, provider was successful within less than 60 days after 120-day time period for service, and statute of limitations would bar provider from refiling suit if it were dismissed

25 Fla. L. Weekly Supp. 413a

Online Reference: FLWSUPP 2505GAINInsurance — Personal injury protection — Discovery — Trade secret — Documents relied upon by insurer in rendering opinion on issue of reasonableness — Trial court departed from essential requirements of law when it ordered insurer to produce documents that were claimed to be privileged without first conducting examination of documents or in camera inspection and without setting forth findings regarding trade secret status of information requested — Court notes that insurer’s request for confidentiality order as form of relief to guard against widespread dissemination of trade secret material is supported by caselaw

25 Fla. L. Weekly Supp. 393a

Online Reference: FLWSUPP 2504VASQInsurance — Personal injury protection — Discovery — Trade secrets — Billing and collections reports — Where medical provider’s billing and collections reports contain payment amounts from insurers with which provider maintains contracts and financial information on provider’s business as a whole, reports are protected by trade secret privilege — Where insurer has shown reasonable necessity for reports that contain information relevant to issue of reasonableness of provider’s charge, provider is required to produce matrix reflecting amounts paid to it for CPT code at issue without identifying any particular insurer by name — Insurer may apply for reconsideration of production of actual reports after matrix is produced

25 Fla. L. Weekly Supp. 811a

Online Reference: FLWSUPP 2509CALIInsurance — Personal injury protection — Discovery — Admissions — Insurer’s motion for relief from technical violation of rule 1.370 is denied, as insurer has shown no excusable neglect surrounding its failure to timely respond to request for admissions — Summary judgment is entered in favor of medical provider based on admissions regarding prior global settlement of all expired pre-suit demands

25 Fla. L. Weekly Supp. 836a

Online Reference: FLWSUPP 2509GMARInsurance — Personal injury protection — Discovery — Insurer’s motion for protective order regarding discovery related to proper application of policy deductible denied — Although court previously entered parties’ agreed order on plaintiff’s motion to stay case pending supreme court’s resolution of pending appeal in separate case, case at issue did not address whether insurer was required to apply policy deductible first against amount billed for services rendered prior to applying fee schedule, and neither agreed order nor motion for stay specifically indicated that supreme court’s opinion would be dispositive

25 Fla. L. Weekly Supp. 497a

Online Reference: FLWSUPP 2506DSMIInsurance — Personal injury protection — Discovery — Trial court departed from essential requirements of law by ordering provider to produce information claimed to be trade secret without conducting in camera inspection, weighing interests, making clear findings, and requiring appropriate protections — Order also departed from essential requirements of law by requiring production of more material than the court orally ordered produced at hearing on motion to compel

25 Fla. L. Weekly Supp. 546b

Online Reference: FLWSUPP 2506BUTLInsurance — Discovery — Mold assessor — Objections by corporate plaintiff to insurer’s deposition duces tecum of its owner, a licensed mold assessor and licensed public adjuster, seeking disclosure of documentation of claims referral fees are overruled — Given licenses held by owner and statutes governing the areas of those licenses, court finds that requests are relevant and may lead to discovery of admissible evidence

25 Fla. L. Weekly Supp. 135a

Online Reference: FLWSUPP 2502DSMIInsurance — Personal injury protection — Discovery — Medical provider — Trade secrets — Trial court departed from essential requirements of law when it ordered information to be produced over provider’s trade secret objections without first conducting in camera inspection, weighing interests, making clear findings, and requiring appropriate protections

25 Fla. L. Weekly Supp. 973d

Online Reference: FLWSUPP 2511HARVInsurance — Personal injury protection — Discovery — Provider need not provide documents or information regarding payments received from secondary payers such as Medicaid, Medicare, and private insurance