Volume 9

9 Fla. L. Weekly Supp. 851a

Insurance — Personal injury protection — Discovery — Third-party vendor that coordinates and schedules independent medical examinations is ordered to respond to subpoena to produce documents reflecting all payments made to physician for past four years

9 Fla. L. Weekly Supp. 135a

Insurance — Personal injury protection — Discovery — Insurer’s motion for protective order is granted, and medical provider is prohibited from seeking production of documents, agreements, and software programs and propounding interrogatories related to insurer’s PIP Claim Computer System, which calculates whether a medical bill is reasonable for purposes of PIP claim reductions

9 Fla. L. Weekly Supp. 486b

Insurance — Personal injury protection — Discovery — Interrogatories — Independent medical examination — Insurer compelled to describe nature of its relationship to and total amount of money paid annually to IME physician — Requests for production of checks issued in association with claim granted with respect to checks to IME physician but denied as to other medical providers

9 Fla. L. Weekly Supp. 155a

Appeals — Certiorari — Discovery — Insurance — Order sustaining objections to interrogatory and requests to produce is not reviewable by certiorari where petitioner has failed to demonstrate irreparable harm and has an adequate remedy on appeal

9 Fla. L. Weekly Supp. 720a

Insurance — Personal injury protection — Discovery — Insurer is ordered to provide medical provider with verified answers to interrogatories, privilege log of withheld documents, complete copy of independent medical examiner’s file regarding case, and affidavit regarding insurer’s ability or inability to provide specific information on payments to IME and ability to differentiate between payments for treatments and payments for purposes of litigation — Court will conduct in camera inspection of documents withheld on claim of privilege

9 Fla. L. Weekly Supp. 139a

Insurance — Personal injury protection — Discovery — Adjuster notes — Work-product privilege — Insured is entitled to all computer notes entered in claim by PIP adjuster that existed up to point in time that insurer initiated adversarial process by informing insured that it would no longer honor payment of medical bills as a result of insured’s failure to attend compulsory medical examination — Additionally, because computer entry notes made after that date in no way relate to contemplated litigation, court orders release of PIP adjuster’s computer records up to point of insured’s filing of breach of contract suit

9 Fla. L. Weekly Supp. 634c

Insurance — Dispute between medical provider and insurer — Discovery — Work product — Computer notes of adjuster — Waiver of privilege — Plaintiff is entitled to computer notes made by original adjuster up until the date new adjuster took over file — Insurer waived any work product privilege as to these notes by producing an adjuster the insurer knew would be relying upon those notes at his deposition — Further, insurer failed to produce any evidence which would reflect that these documents were work product or were generated in anticipation of litigation

9 Fla. L. Weekly Supp. 783a

Insurance — Personal injury protection — Discovery — Insured’s subpoena for deposition duces tecum of third-party vendor that coordinated and scheduled the independent medical examination upon which insurer relied in denying claim, requesting entire PIP file provided by insurer for scheduling the IME, is limited — IME vendor is compelled to produce documents regarding conduct of IME; amount paid by insurer for IME and amount paid to IME physician; tax forms with respect to IME physician for past three tax years; every IME report, peer review report, and any other report from IME physician for past three calendar years; and any documents indicating vendor called on IME physician’s services even if physician never conducted IME or peer review due to a no-show — Vendor not required to produce all documents signed by IME physician and price lists for scheduling IMEs, peer reviews, and records reviews

9 Fla. L. Weekly Supp. 709a

Insurance — Personal injury protection — Discovery — Insured’s subpoena for deposition duces tecum of third-party vendor that coordinated and scheduled the independent medical examination upon which insurer relied in denying claim, requesting entire PIP file provided by insurer for scheduling the IME, is limited — IME vendor is compelled to produce documents regarding scheduling of insured’s IME, insured’s IME. and the preparation of insured’s IME report; contracts between vendor and IME physician; file and new doctor sign-up packet provided by vendor to IME physician; amounts vendor charged insurer and paid IME physician; vendor paid invoice history for IME physician, and price lists for scheduling IMEs, peer reviews, and records reviews for calendar year of IME — Copies of reports of other IMEs conducted by IME physician who examined insured should be obtained directly from IME physician — Vendor not required to produce all documents signed by IME physician

9 Fla. L. Weekly Supp. 707b

Insurance — Personal injury protection — Discovery — Insured’s subpoena for deposition duces tecum of third-party vendor that coordinated and scheduled the independent medical examination upon which insurer relied in denying claim, requesting entire PIP file provided by insurer for scheduling the IME, is limited — IME vendor is compelled to produce documents regarding scheduling of insured’s IME, insured’s IME, and the preparation of insured’s IME report; contracts between vendor and IME physician; file and new doctor sign-up packet provided by vendor to IME physician, and price lists for scheduling IMEs, peer reviews, and records reviews for calendar year of IME — Copies of reports of other IMEs conducted by IME physician who examined insured should be obtained directly from IME physician — Vendor not required to produce all documents signed by IME physician