Volume 25

25 Fla. L. Weekly Supp. 619c

Online Reference: FLWSUPP 2507CTHOInsurance — 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. 676a

Online Reference: FLWSUPP 2507ANIDInsurance — Discovery — Admissions — Failure to comply — Response to request for admissions as to genuineness of insurer’s explanations of review that admits genuineness to extent that EOR is exact copy of EOR produced by insurer in response to request for production related to subject accident, claimant, and treatment, not altered by medical provider in any way, and not claimed to be privileged was insufficient — If there are extraneous materials on face of otherwise genuine correspondence, insurer shall specify that materials are not part of original correspondence but that correspondence is otherwise genuine

25 Fla. L. Weekly Supp. 675a

Online Reference: FLWSUPP 2507NIDEInsurance — Discovery — Admissions — Failure to comply — Response to request for admissions as to genuineness of insurer’s explanations of review was not sufficient where insurer did not review each EOR and make determination as to whether each was or was not a genuine copy

25 Fla. L. Weekly Supp. 534a

Online Reference: FLWSUPP 2506RIVEInsurance — Homeowners — Discovery — Failure to comply — Sanctions — Where depositions of plaintiffs were repeatedly deliberately delayed without any credible or reasonable justification, and law firm representing plaintiffs has evidenced pattern of litigation delays and failure to comply with court orders, monetary sanction to be paid by counsel personally is imposed, and law firm is referred to Florida Bar for discipline or investigation

25 Fla. L. Weekly Supp. 983b

Online Reference: FLWSUPP 2511JASMInsurance — Discovery — Depositions — Failure to comply — Insurer that failure to timely provide deposition dates and refused to appear for noticed deposition is sanctioned

25 Fla. L. Weekly Supp. 901a

Online Reference: FLWSUPP 2510KGORInsurance — Discovery — Depositions — Provider’s corporate representative — Motion for protective order on ground that corporate representative already sat for deposition granted

25 Fla. L. Weekly Supp. 812a

Online Reference: FLWSUPP 2509ACALInsurance — Personal injury protection — Discovery — Depositions — Scope of inquiry for deposition of insurer’s corporate representative will include prior global settlement of expired pre-suit demands — Insurer has waived any objection to scope of inquiry by failing to comply with time frames for providing deposition dates and objections to scope of inquiry — Insurer is compelled to produce claim file and information and documents related to settlement issue

25 Fla. L. Weekly Supp. 183b

Online Reference: FLWSUPP 2502GUERInsurance — Personal injury protection — Discovery — Depositions — Insurer’s corporate representative — Scope of inquiry

25 Fla. L. Weekly Supp. 69a

Online Reference: FLWSUPP 2501COLEInsurance — Personal injury protection — Discovery — Depositions — Scope of inquiry and documents to be produced at deposition of insurer’s corporate representative

25 Fla. L. Weekly Supp. 973a

Online Reference: FLWSUPP 2511DRA2Insurance — Personal injury protection — Discovery — Depositions — Insurer’s corporate representative — Requested deposition is reasonably calculated to lead to discovery of admissible evidence, despite insurer’s contention that policy was rescinded ab initio — Motion to compel deposition granted