Volume 26

Case Search

SOMERSET CHIROPRACTIC CENTER, a/a/o Maya Portal, Plaintiff, v. ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, Defendant.

26 Fla. L. Weekly Supp. 530a

Online Reference: FLWSUPP 2606MPORInsurance — Personal injury protection — Discovery — Depositions — Where case presents pure issues of law as to whether medical provider correctly coded services, provider’s motion to compel deposition of insurer’s corporate representative is denied and insurer’s motion for protective order is granted

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SOMERSET CHIROPRACTIC CENTER, a/a/o Eden Portal, Plaintiff, v. ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, Defendant.

26 Fla. L. Weekly Supp. 529a

Online Reference: FLWSUPP 2606EPORInsurance — Personal injury protection — Discovery — Depositions — Where case presents pure issues of law as to whether medical provider correctly coded services, provider’s motion to compel deposition of insurer’s corporate representative is denied, and insurer’s motion for protective order is granted

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PRESGAR IMAGING OF CMI NORTH, L.C., (a/a/o Maria Vasquez), Plaintiff, v. WINDHAVEN INSURANCE COMPANY, Defendant.

26 Fla. L. Weekly Supp. 528a

Online Reference: FLWSUPP 2606VASQInsurance — Personal injury protection — Discovery — Depositions — Objections — Where insurer claims that it has paid PIP benefits by check sent with response to demand letter, insurer’s objections to deposition questions asking deponent to identify persons who placed initials on response letter and wrote notation on letter indicating that check was sent under separate cover constitute bad faith conduct that warrants imposition of monetary sanction — Insurer is ordered to answer questions previously subject to its objections

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FLORIDA HOSPITAL MEDICAL CENTER a/a/o Aaron Goldwasser, Plaintiff, v. USAA CASUALTY INSURANCE COMPANY, Defendant.

26 Fla. L. Weekly Supp. 861a

Online Reference: FLWSUPP 2610AGOLInsurance — Personal injury protection — Discovery — Depositions — Medical provider is prohibited from making inquiries during deposition of insurer’s corporate representative that would require deponent to provide medical opinions, interpret law or policy, or testify as to claims-handling practices and procedures — Provider is required to cooperate in scheduling hearing on motion for summary judgment

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PHOENIX EMERGENCY MEDICINE OF BROWARD, LLC, as assignee of Victoria Ehr, Plaintiff, v. USAA CASUALTY INSURANCE COMPANY, Defendant.

26 Fla. L. Weekly Supp. 119a

Online Reference: FLWSUPP 2602EHRInsurance — Personal injury protection — Discovery — Depositions — Motion to compel deposition of insurer’s corporate representative is granted — Insurer is not permitted to depose medical provider’s representative where, in view of documentation and records already in possession of insurer, deposition is not relevant and would not tend to lead to discovery of admissible evidence

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DR. LAURENCE J. BURCH (a/a/o Marc Moise), Plaintiff, vs. WINDHAVEN INSURANCE COMPANY, Defendant.

26 Fla. L. Weekly Supp. 142a

Online Reference: FLWSUPP 2602MOISInsurance — Discovery — Depositions — Failure to attend — Sanctions — Where, consistent with court procedures, medical provider unilaterally set deposition for claims representative with most knowledge after insurer failed to respond to three attempts to coordinate and schedule deposition, insurer never moved for protective order, and claims representative did not appear for deposition, provider is awarded attorney’s fees, costs and monetary sanctions

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