Volume 8

8 Fla. L. Weekly Supp. 453b

Insurance — Civil procedure — Discovery — Sanctions — Plaintiff’s motion for sanctions denied, but substance of motion will be reconsidered in determining attorney’s fees and costs if plaintiff prevails in its claim — Motion to compel production granted — Motion to compel production of documents already provided denied — Motion to compel better answers to interrogatories denied in part — Defendant insurance company ordered to list every individual, corporation, or other entity who has obtained services of doctors on its behalf to perform independent medical examinations in the last twelve months in two counties

8 Fla. L. Weekly Supp. 848a

Insurance — Discovery — Motion to compel insurer to produce contract granted — Contract is not trade secret — Court agrees to in camera inspection of any portion of contract that insurer asserts is privileged — Motion to compel response to interrogatory is granted but limited to production of information in insurer’s possession

8 Fla. L. Weekly Supp. 571c

Civil procedure — Discovery — Insurance — Relationship to company that sold or supplied computer program utilized to review, reduce or deny medical bills; materials used by training personnel to explain to its adjusters the use of the software; names and job titles of defendant’s training personnel in certain area and within certain time period who were knowledgeable on use of computer program — Motion to compel insurer to answer interrogatories granted

8 Fla. L. Weekly Supp. 651a

Insurance — Personal injury protection — Discovery — Interrogatories — Requests for production — Order compelling discovery related to computer program insurer used to review, reduce, or deny medical bills

8 Fla. L. Weekly Supp. 660b

Insurance — Personal injury protection — Discovery — Depositions — Role of plaintiff’s treating physician in dispute between insured and insurer relating to payment of treating physician’s bills was not that of expert witness, and accordingly, treating physician is not entitled to payment of expert witness fee — Motion to compel deposition without payment of expert fee granted and treating physician’s motion for protective order denied

8 Fla. L. Weekly Supp. 635b

Insurance — Personal injury protection — Insured’s action against insurer — Role of plaintiff’s treating physician in case is that of fact witness, not expert witness — Physician not entitled to payment of expert witness fee — Motion to compel deposition of treating physician without expert fee granted

8 Fla. L. Weekly Supp. 114a

Insurance — Personal injury protection — Insured’s action against insurer — Plaintiff’s treating physician not entitled to payment of expert witness fee — Role of physician in case at issue was that of fact witness — Motion to compel deposition of treating physician without expert witness fee granted

8 Fla. L. Weekly Supp. 650c

Civil procedure — Discovery — Sanctions — Where defendant insurance company which was noticed for deposition duces tecum of its person with most knowledge failed to file a motion for protective order, and person with most knowledge appeared at deposition without claims notes and was, therefore, unable to answer standard questions on events of the claim, plaintiff was unable to conduct meaningful deposition — Motion to compel granted — Defendant to pay costs of transcript and costs associated with upcoming deposition — Any motion for protective order must be filed and scheduled to be heard before deposition

8 Fla. L. Weekly Supp. 392a

Insurance — Discovery — Depositions — Expert witness fee — Witness to testify at deposition regarding medical treatment provided to insured and/or billing provided to insurer for services provided insured is entitled to expert witness fee as his qualifications fulfill requirements of Rule 1.390(a) — Witness entitled to compensation for time spent away from his medical practice to give testimony — If travel is required as result of deposition being scheduled anywhere other than witness’s office, defendant must pay witness for his portal to portal time, both to and from location of deposition

8 Fla. L. Weekly Supp. 867a

Insurance — Personal injury protection — Discovery — Insurer may take deposition of chiropractor whom medical provider claims did not treat insured, but insurer is ordered to pay expert witness fee for his deposition testimony if it is determined that chiropractor did not treat insured