Volume 25

25 Fla. L. Weekly Supp. 973c

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

25 Fla. L. Weekly Supp. 973b

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

25 Fla. L. Weekly Supp. 845a

Online Reference: FLWSUPP 2509OCALInsurance — Personal injury protection — Discovery — Where insurer contests reasonableness of charges, medical provider’s objections to discovery seeking agreements between provider and any third-party payors, amounts reimbursed by all other payors, and information regarding provider’s internal cost structure are overruled

25 Fla. L. Weekly Supp. 648b

Online Reference: FLWSUPP 2507TORRInsurance — Personal injury protection — Discovery — Objections to discovery seeking all agreements between medical provider and any third-party payors, information regarding amounts reimbursed by all other payors, information regarding persons who participated in setting provider’s charge at issue in case and Medicare cost report are overruled — Discovery requested is relevant to central issue of reasonableness of provider’s charge

25 Fla. L. Weekly Supp. 909a

Online Reference: FLWSUPP 2510YROSInsurance — Personal injury protection — Coverage — Medical expenses — Discovery — Enforcement of court orders — Usual and customary charges in community for particular CPT Code procedures sustained — Striking of witnesses in the event insurer fails to produce Geo-Zip report as requested

25 Fla. L. Weekly Supp. 159a

Online Reference: FLWSUPP 2502STATInsurance — Discovery — Orders compelling production of “Geozip” Decision Point Analysis did not constitute departure from essential requirements of law that would cause irreparable injury that cannot be remedied on appeal from final judgment

25 Fla. L. Weekly Supp. 637a

Online Reference: FLWSUPP 2507CARMInsurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Attorney’s fees — Amount of attorney’s fees to be awarded as sanction for insurer’s failure to respond to discovery requests and violation of court orders requiring compliance with discovery requests

25 Fla. L. Weekly Supp. 1047c

Online Reference: FLWSUPP 2512THANInsurance — Discovery — Failure to comply — Sanctions — Court strikes insurer’s pleadings as sanction for intentionally and knowingly violating three discovery orders, filing discovery responses that were insufficient and non-responsive, and repeatedly filing frivolous objections to discovery

25 Fla. L. Weekly Supp. 835a

Online Reference: FLWSUPP 2509GATHInsurance — Personal injury protection — Discovery — Failure to comply — Insurer cannot object to discovery request seeking factual basis for its denial that medical treatment was necessary or related to accident on ground of “burden shifting” — Where insurer’s objections hampered medical provider’s ability to obtain appropriate responses to its discovery requests and delayed its ability to prepare case for resolution, monetary sanctions are imposed

25 Fla. L. Weekly Supp. 842a

Online Reference: FLWSUPP 2509GRANInsurance — Personal injury protection — Discovery — Failure to comply — Motion to strike insurer’s expert witness is granted where insurer responded to court order directing it to file fully compliant responses to medical provider’s expert interrogatories by filing unverified answers and amended answers, insurer did not file verified answers until two working days before trial, and answers contained inaccurate information — Striking witness is justified where delay in answers has prejudiced provider’s ability to prepare for trial, attorney’s disobedience was willful and contumacious, attorney has previously been sanctioned for this conduct, there was no reasonable justification for noncompliance, and delay caused significant problems of judicial administration