State Farm Mutual Automobile Insurance Co. v. Shands Jacksonville Medical Center, Inc.

Summary

The Florida Supreme Court held that permissible discovery under section 627.736(6)(c), Florida’s personal injury protection statute, is limited to the documents and information described in section 627.736(6)(b). The Court approved the First District’s decision in Shands and disapproved Kaminester to the extent it permitted discovery through the Florida Rules of Civil Procedure, including depositions, in the pre-litigation process.

Holdings

1. The scope of permissible pre-litigation discovery under section 627.736(6)(c) is limited to the production, inspection, and copying of the documents and information described in section 627.736(6)(b), concerning the injured person's treatment and related charges.
2. Section 627.736(6)(c) does not authorize a PIP medical provider to be compelled to produce a corporate representative for deposition or to submit to discovery methods available under the Florida Rules of Civil Procedure before litigation over the reasonableness of the charges has commenced.

Questions Presented

1. Whether the phrase "discovery of facts" in section 627.736(6)(c), Florida Statutes, permits an insurer to use the discovery methods provided by the Florida Rules of Civil Procedure.
2. Whether an insurer may obtain discovery beyond the documents and information specified in section 627.736(6)(b), including third-party reimbursement contracts and deposition testimony, through a pre-litigation petition under section 627.736(6)(c).

Disposition

approved