Volume 26

26 Fla. L. Weekly Supp. 874a

Online Reference: FLWSUPP 2611RUIZInsurance — Personal injury protection — Discovery — Trial court departed from essential requirements of law by requiring medical provider to disclose nonparty medical bills, insurance claim forms, and reimbursement information without requiring statutorily mandated notification to affected nonparties

26 Fla. L. Weekly Supp. 912a

Online Reference: FLWSUPP 2611CLAIInsurance — Discovery — Trade secrets — Where purchase agreement and addendum sought in discovery do not contain any information regarding claim at issue, do not discuss scope of work or pricing, and have no effect on issue of coverage and amount of benefits owed, documents are not relevant for purposes of discovery — Furthermore, documents meet criteria for assertion of trade secret privilege, and insurer has not shown reasonable necessity for them

26 Fla. L. Weekly Supp. 984a

Online Reference: FLWSUPP 2612DEUSInsurance — Personal injury protection — Discovery — Objections to discovery regarding method employed by insurer to determine reimbursement levels in community, reasonableness of charges and amount to reimburse medical provider and insurer’s position that insured’s injuries are not related to accident are overruled

26 Fla. L. Weekly Supp. 985b

Online Reference: FLWSUPP 2612CARMInsurance — Personal injury protection — Answer — Timeliness — Filing answer and affirmative defenses one day after court’s deadline does not warrant sanctions — Discovery — Failure to comply — Where insurer failed to comply with discovery rules and six discovery orders, monetary sanctions are appropriate

26 Fla. L. Weekly Supp. 325a

Online Reference: FLWSUPP 2604DEMEInsurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Where insurer has repeatedly failed to comply with discovery obligations and has disobeyed multiple court orders, insurer’s pleadings are stricken and final judgment is entered in favor of medical provider

26 Fla. L. Weekly Supp. 320b

Online Reference: FLWSUPP 2604CORIInsurance — Discovery — Failure to comply — Sanctions — Insurer’s filing of notice of dismissal without prejudice did not divest trial court of jurisdiction to enforce order compelling response to discovery that was entered prior to dismissal or to rule on motion for sanctions that was filed prior to dismissal — No merit to argument that no further sanction could be imposed because dismissal itself was ultimate sanction where dismissal was without prejudice — Monetary sanction imposed

26 Fla. L. Weekly Supp. 311a

Online Reference: FLWSUPP 2604MGUEInsurance — Discovery — Failure to comply — Sanctions — Where insurer responded to discovery more than 200 days after deadline imposed in agreed order, any and all objections to discovery other than privilege have been waived — Insurer is ordered to serve amended discovery response without asserting objections other than privilege — Monetary sanctions imposed

26 Fla. L. Weekly Supp. 309a

Online Reference: FLWSUPP 2604LGUEInsurance — Discovery — Failure to comply — Sanctions — Where insurer responded to discovery more than 200 days after deadline imposed in agreed order, any and all objections to discovery other than privilege have been waived — Insurer is ordered to serve amended discovery response without asserting objections other than privilege — Monetary sanctions imposed

26 Fla. L. Weekly Supp. 131a

Online Reference: FLWSUPP 2602DELAInsurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Where insurer has willfully disregarded twelve court orders, insurer’s staff has been repeatedly sanctioned for violations of orders by various courts, insurer is directly responsible for violations due to its failure to hire sufficient staff, medical provider was prejudiced by delay in production of medical records until first day of trial, there was no adequate justification for noncompliance, and court’s administration of justice has been hampered by noncompliance, motion to strike pleadings is granted and default is entered in favor of provider

26 Fla. L. Weekly Supp. 30b

Online Reference: FLWSUPP 2601GANDInsurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Where medical provider seeking reimbursement for non-prescription drug did not comply with multiple court orders compelling it to respond to discovery and provide drug cost invoice to insurer, sanctions are imposed, and insurer’s motion for summary judgment is granted