Circuit Court Appellate Decision — Error to preclude insurance carrier from deposing medical provider regarding reasonableness of charges — Scope of discovery

Insurance — Discovery — Depositions — Error to prohibit insurer from
deposing medical provider regarding reasonableness of charges

UNITED AUTOMOBILE INSURANCE COMPANY, Petitioner, v. CORAL GABLES
CHIROPRACTIC, PLLC, a/a/o Ricardo Olivera, Respondent. Circuit Court, 11th
Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 13-297 AP.
May 20, 2014. On Petition for Writ of Certiorari from the County Court for
Miami-Dade County, Florida, Judge Gloria Gonzalez-Meyer. Counsel: Lara J.
Edelstein, for Petitioner. George A. David, for Respondent.

(Before GENDEN, FIRTEL, and FREEMAN, JJ.)

(PER CURIAM.) Petitioner, United Automobile Insurance Company, filed a
petition for writ of certiorari seeking review of the trial court’s order
denying its motion to compel and prohibiting the Petitioner from deposing the
Respondent, Coral Gables Chiropractic, PLLC. We grant the petition because the
trial court failed to allow discovery as to the reasonableness of the fees
charged by the Respondent for services rendered to the insured, Ricardo Olivera.
As to the necessity and relatedness of said charges, we find that Petitioner has
waived these arguments. We further find that the statement made by the lower
court that “discovery as to anything else other than your affirmative defense is
not permitted under the law” is incorrect. See Smith v. Bloom, 506 So. 2d
1173 (Fla. 4th DCA 1987 (“The rule is any information sought which is either
relevant to the subject matter of the litigation or ‘appears reasonably
calculated to lead to the discovery of admissible evidence,’ if not privileged,
is subject to discovery.”) (Citing Fla.R.Civ.P. 1.280(b)(1).)

Petition for Writ of Certiorari is GRANTED, and the matter is REMANDED with
instructions to allow discovery as to the reasonableness of the charges.

Respondent’s motion for attorney’s fees is DENIED.