Volume 25

25 Fla. L. Weekly Supp. 841a

Online Reference: FLWSUPP 2509JONEInsurance — Personal injury protection — Discovery — Failure to comply — Insurer’s pleadings are stricken and default judgment is entered where insurer has repeatedly failed to comply with discovery requests and ignored orders compelling compliance with those requests; insurer’s conduct was willful, deliberate and contumacious; insurer and its attorneys have previously been sanctioned for similar conduct; and insurer’s conduct has prejudiced medical provider and created significant problem of judicial administration

25 Fla. L. Weekly Supp. 827b

Online Reference: FLWSUPP 2509TORRInsurance — Discovery — Failure to comply — Sanctions — Insurer that failed to provide deposition dates or appear for noticed deposition is ordered to pay attorney’s fees and court reporting costs

25 Fla. L. Weekly Supp. 557a

Online Reference: FLWSUPP 2506FUEN

25 Fla. L. Weekly Supp. 550c

Online Reference: FLWSUPP 2506RAMOInsurance — Discovery — Failure to comply — Sanctions — By failing to lodge timely objections to discovery, insurer waived all objections to interrogatories and request to produce other than privilege and burdensomeness — Insurer is directed to serve discovery responses without asserting objections other than privilege and burdensomeness

25 Fla. L. Weekly Supp. 484b

Online Reference: FLWSUPP 2505BARRInsurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Where insurer has plead frivolous defenses and engaged in pattern of conduct designed to thwart discovery evincing willful, contemptuous, and contumacious disregard of rules of civil procedure and court orders, insurer has previously been sanctioned for discovery violations, and insurer’s conduct has prejudiced medical provider, insurer’s pleadings are stricken with respect to issues of relatedness and medical necessity of charges — Motion to strike insurer’s pleadings with respect to issue of reasonableness of charges is denied

25 Fla. L. Weekly Supp. 674a

Online Reference: FLWSUPP 2507DERIInsurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Where medical provider had failed to comply with discovery requests and two court orders on discovery although information had been available to enable compliance, provider’s conduct is found to be willful and contumacious — Provider must pay insurer’s reasonable attorney’s fees incurred in attempting to obtain compliance with discovery requests and is precluded from raising any objection of burdensomeness

25 Fla. L. Weekly Supp. 634a

Online Reference: FLWSUPP 2507DUSSInsurance — Personal injury protection — Discovery — Failure to comply — Contempt — Sanctions — Motion for sanctions against insurer that violated four court orders relating to discovery, including order to produce documents related to global settlement which medical provider’s reply to insurer’s answer to complaint alleges included instant PIP claim and was breached by insurer — Violations of orders not justified by fact that multiple law firms represented insurer — Moreover, insurer and counsel have been previously sanctioned, insurer was involved in violations as evinced by corporate representative’s denial of existence of documents regarding global settlement that insurer now admits exist, delay has prejudiced provider severely and created significant problems of judicial administration, and insurer has no reasonable justification for noncompliance — Insurer and its corporate representative are found in contempt of court — Claim that instant PIP claim was included in global settlement is found to be established — Insurer is prevented from opposing claim of global settlement or opposing global settlement in any way

25 Fla. L. Weekly Supp. 629a

Online Reference: FLWSUPP 2507VOEGInsurance — Personal injury protection — Discovery — Failure to comply — Contempt — Sanctions — Motion for sanctions against insurer that violated four court orders relating to discovery, including order to produce documents related to global settlement which medical provider’s reply to insurer’s answer to complaint alleges included instant PIP claim and was breached by insurer — Violations of orders not justified by fact that multiple law firms represented insurer — Moreover, insurer and counsel have been previously sanctioned, insurer was involved in violations as evinced by corporate representative’s denial of existence of documents regarding global settlement that insurer now admits exist, delay has prejudiced provider severely and created significant problems of judicial administration, and insurer has no reasonable justification for noncompliance — Insurer and its corporate representative are found in contempt of court — Claim that instant PIP claim was included in global settlement is found to be established — Insurer is prevented from opposing claim of global settlement or opposing global settlement in any way

25 Fla. L. Weekly Supp. 626a

Online Reference: FLWSUPP 2507CRAWInsurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Motion for sanctions against insurer that violated two court orders to produce documents related to global settlement which medical provider’s reply to insurer’s answer to complaint alleges included instant PIP claim and was breached by insurer — Violations of orders are not justified by fact that multiple law firms represented insurer — Insurer and counsel have been previously sanctioned, insurer was involved in violations as evinced by corporate representative’s denial of existence of documents regarding global settlement that insurer now admits exist, delay has prejudiced provider severely and created significant problems of judicial administration, and insurer has no reasonable justification for noncompliance — Insurer and its corporate representative are found in contempt of court, and claim that instant PIP claim was included in global settlement is found to be established — Insurer is prevented from opposing claim of global settlement or opposing global settlement in any way

25 Fla. L. Weekly Supp. 623a

Online Reference: FLWSUPP 2507ACQUInsurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Motion for sanctions against insurer that violated two court orders to produce documents related to global settlement which medical provider’s reply to insurer’s answer to complaint alleges included instant PIP claim and was breached by insurer — Violations of orders are not justified by fact that multiple law firms represented insurer — Insurer and counsel have been previously sanctioned, insurer was involved in violations as evinced by corporate representative’s denial of existence of documents regarding global settlement that insurer now admits exist, delay has prejudiced provider severely and created significant problems of judicial administration, and insurer has no reasonable justification for noncompliance — Insurer and its corporate representative are found in contempt of court, and claim that instant PIP claim was included in global settlement is found to be established — Insurer is prevented from opposing claim of global settlement or opposing global settlement in any way