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18 Fla. L. Weekly Supp. 146a

Online Reference: FLWSUPP 1802MARQ

Insurance — Personal injury protection — Appeals — Motion to recall mandate is granted where motion was filed within same term opinion was issued — Examination under oath — Failure to attend — No error in finding that insured did not unreasonably refuse to attend EUO where, although insured was represented by counsel, insurer provided EUO notice to insured and partial EUO notice faxed to counsel was defective for failing to state consequences of nonattendance — Trial court erred in striking peer review because it was not obtained before suit was filed and was not based on independent medical examination

18 Fla. L. Weekly Supp. 758a

Online Reference: FLWSUPP 1809DONA

Insurance — Personal injury protection — Coverage — Medical expenses — Reasonable, related and necessary treatment — Directed verdict — Error to deny medical provider’s motion for directed verdict on issue of medical necessity of treatment where provider presented expert testimony that treatment was necessary, insurer did not present countervailing expert testimony, and insurer did not severely impeach provider’s expert with second medical report that differed in what expert termed “minutia” — Appellate court is unable to review trial court’s denial of directed verdict in favor of provider on issue of reasonableness of bills where pertinent portions of transcript have not been included in record — However, where jury failed to reach issue of reasonableness, case is remanded for factual determination on issue

18 Fla. L. Weekly Supp. 564a

Online Reference: FLWSUPP 1807HALL

Insurance — Personal injury protection — Appeals — Briefs — In appeal concerning whether medical fee schedules in PIP statute reenacted in 2008 after sunsetting of statute are permissive or mandatory, motion to strike appendix to initial brief which contains governor’s veto message explaining reasons for rejection of 2006 attempt to reenact sunsetted law that was not part of record before trial court and references to veto message in brief is denied where veto message is part of legislative history that can be reviewed de novo on appeal

18 Fla. L. Weekly Supp. 503a

Online Reference: FLWSUPP 1806GONZ

Insurance — Personal injury protection — Appeals — Appendix — Extra-record documents — Inclusion in appendix to initial appellate brief of Governor’s veto message, in which then-Governor Bush explained his reasons for vetoing legislature’s attempt to re-enact sunsetted PIP law, and reference to this message in initial brief is not such an egregious or flagrant violation of rules of appellate procedure as to warrant striking of appendix or references thereto, especially where trial court’s ruling concerns pure question of law, an issue of statutory construction, and is subject to de novo review on appeal

18 Fla. L. Weekly Supp. 29b

Online Reference: FLWSUPP 1801COL2

Insurance — Personal injury protection — Admissions — Trial court abused its discretion in not granting insurer relief from admissions to assert that its policy did not cover injuries of passenger who is owner of vehicle with respect to which security is required under Florida No-Fault Law where motion to withdraw admissions was timely filed prior to trial court granting summary judgment, granting motion will facilitate presenting merits of case, and medical provider did not establish that it would be prejudiced in presenting its suit — Affirmative defenses — Abuse of discretion to deny motion to amend answer and affirmative defenses where amendment would not introduce new cause of action — Abuse of discretion to deny insurer’s request to amend interrogatory responses where leave of court is not required to amend interrogatory responses