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18 Fla. L. Weekly Supp. 507b

Online Reference: FLWSUPP 1806DESIInsurance — Discovery — Depositions — Location for depositions of insurance adjusters is restricted to county of their residence or employment

18 Fla. L. Weekly Supp. 287a

Online Reference: FLWSUPP 1803CARTInsurance — Discovery — Depositions — Sanctions are imposed on insurer that failed to bring to deposition claim file and notes listed in notice of taking deposition and failed to schedule motion for protective order for hearing prior to deposition — Mediation — Sanctions are imposed on insurer for failure to comply with order requiring named defendant to appear at mediation

18 Fla. L. Weekly Supp. 156a

Online Reference: FLWSUPP 1802KLEIInsurance — Personal injury protection — Discovery — Depositions — Expert witness fees — No error in awarding expert witness fees for deposition of physician who supervised treating physician — Summary judgment — No error in failing to consider peer review without affidavit and entering summary judgment in favor of medical provider as to bills for chiropractic treatment — Error to enter summary judgment in favor of provider as to bills for orthopedic evaluation where affidavit and peer review report create genuine issue of material fact as to reasonableness, relatedness and necessity of evaluation

18 Fla. L. Weekly Supp. 893b

Online Reference: FLWSUPP 1809WHITInsurance — Discovery — Depositions — Physician is entitled to expert witness fee for deposition testimony

18 Fla. L. Weekly Supp. 665a

Online Reference: FLWSUPP 1808ROTOCivil procedure — Discovery — Depositions — Where depositions of plaintiff’s treating physicians were taken by plaintiff’s counsel before defendants hired and were required to designate expert witnesses, it is appropriate for defendants to take depositions of physicians — Court orders advance payment for two hours of testimony at $500 per hour and provides that, if physician refuses to appear for that sum, plaintiff may elect to pay additional sums or risk exclusion of witness

18 Fla. L. Weekly Supp. 913a

Online Reference: FLWSUPP 1809CICIInsurance — Personal injury protection — Disclosure and acknowledgment form — Affirmative defense that medical provider failed to file D&A form with insurer and failed to file form for treatment subsequent to initial treatment is legally insufficient to avoid summary judgment where statute does not specify remedy for failing to properly complete D&A form and does not require submission of form to insurer or require form for any services after first treatment — Independent medical examination — Failure to attend — Error to enter summary judgment where insurer raised IME no-show defense — Trial court’s disallowance of bills received by insurer after IME cutoff letter did not correctly recognize IME no-show defense where all charges received by insurer after date of missed IME should have been disallowed — Discovery — Depositions — No error in requiring insurer to pay expert witness fee for deposition testimony of treating physician — Reverse as to IME no-show defense and remand to redetermine amount of judgment based on date of receipt of bills

\18 Fla. L. Weekly Supp. 715a

Online Reference: FLWSUPP 1809AANDInsurance — Personal injury protection — Coverage — Medical benefits — Error to enter summary judgment in favor of provider on issue of reasonableness, relatedness and necessity of treatment where peer review report filed in opposition to summary judgment created genuine issue of material fact — Discovery — Depositions — No error in requiring insurer to pay expert witness fee to depose treating physician

18 Fla. L. Weekly Supp. 341a

Online Reference: FLWSUPP 1804DUPR

Insurance — Personal injury protection — Summary judgment — Opposing affidavit — Error to decline to consider affidavit and peer review report prepared by insurer’s expert and filed in opposition to summary judgment on grounds that insurer did not obtain report before denial of claim and report was not based on independent medical examination — Discovery — Depositions — No error in awarding expert witness fees for deposition of treating physician where insurer entered into agreed order granting fees

18 Fla. L. Weekly Supp. 162a

Online Reference: FLWSUPP 1802PERE

Insurance — Personal injury protection — Coverage — Medical expenses — Denial of benefits — Error for trial court to refuse to consider peer review reports submitted after case was filed — Discovery — Depositions — Treating physician is entitled to expert witness fee for deposition testimony

18 Fla. L. Weekly Supp. 152b

Online Reference: FLWSUPP 1802MBLA

Insurance — Personal injury protection — Discovery — Depositions — No error in requiring insurer to pay expert witness fees to take deposition of treating physician — Denial of benefits — Valid medical report — Statute does not require that insurer obtain valid report in order to deny payment of claim — Error to strike peer review report presented in opposition to medical provider’s motion for summary judgment because report was not based on physician’s examination of insured

18 Fla. L. Weekly Supp. 152a

Online Reference: FLWSUPP 1802ALVA

Insurance — Personal injury protection — Denial of benefits — Valid medical report — Error to disregard insurer’s medical report filed in opposition to medical provider’s motion for summary judgment — Discovery — Depositions — No error in requiring insurer to pay expert witness fees to take deposition of treating physician

18 Fla. L. Weekly Supp. 148a

Online Reference: FLWSUPP 1802CRUZ

Insurance — Personal injury protection — Failure to attend examination under oath — Cut-off letters notifying insured that benefits were being suspended, sent to insured’s counsel after insured had submitted to independent medical examinations, did not relieve insured of his duty to attend rescheduled EUO which related to treatment that occurred well before the cut-off date specified in the letters — Trial court erred in granting summary judgment in favor of provider based on finding that cut-off letters amounted to anticipatory breach of contract by insurer — Remand to afford insurer an opportunity to assert its EUO no-show defense at trial — Expert witness fees — No error in requiring insurer to pay expert witness fee prior to deposing insured’s treating physician