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JENNIFER C. ROTONDO and MIKE ROTONDO, as Wife and Husband, Plaintiffs, vs. SELETA HAYES HOWARD and PETER JOHN HOWARD, Defendants.

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

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UNITED AUTOMOBILE INSURANCE COMPANY, A Florida Corporation, Appellant, v. THERAPY ONE SOLUTION, INC., a/a/o Javier Cicilio, Appellee.

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

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UNITED AUTOMOBILE INSURANCE COMPANY, a Florida Corporation, Appellant, v. COMPREHENSIVE HEALTH CENTER, LLC., a/a/o AWARD ANDERSON, Appellee.

\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

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UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, vs. AFFILIATED HEALTHCARE CENTERS a/a/o AMIE DUPREY, Appellee.

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

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UNITED AUTOMOBILE INS. CO., Appellant, vs. ALAIN PEREZ, Appellee.

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

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UNITED AUTOMOBILE INSURANCE COMPANY, A Florida Corporation, Appellant, vs. MAYELIN BLANCO, Appellee.

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

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UNITED AUTOMOBILE INSURANCE COMPANY, A Florida Corporation, Appellant, v. TOTAL HEALTH SERVICES, INC., a/a/o Lucy Alvarado, Appellee.

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

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UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, vs. FEEL BETTER REHABILITATION, INC., a/a/o LUIS CRUZ, Appellee.

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

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EAST SIDE CHIROPRACTIC CENTER, INC., a/a/o (Regina Eure, Patient), Plaintiff(s), vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant.

18 Fla. L. Weekly Supp. 692a

Online Reference: FLWSUPP 1808EURE

Insurance — Discovery — Depositions — Expert witness fee — Physician is awarded expert witness fee for deposition testimony — Interrogatories — Portion of insurer’s response to interrogatories reserving right to request peer reviews and supplement response is stricken

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FLAGLER HOSPITAL, INC., As Assignee of Mitchell R. Ball, Plaintiff, vs. MGA INSURANCE COMPANY, Defendant.

18 Fla. L. Weekly Supp. 610b

Online Reference: FLWSUPP 1807BALL

Insurance — Personal injury protection — Discovery — Because medical provider is required to prove reasonableness of charges before determination can be made regarding claim that insurer improperly applied deductible to charges, insurer is entitled to engage in discovery relating to reasonableness of charges — Copies of agreements between provider and HMOs, PPOs, and other private insurance in effect on date of service at issue for the CPT codes at issue are discoverable — Plaintiff to produce for deposition its corporate representative with the most knowledge of plaintiff’s claim and reimbursement rates accepted by plaintiff for same or similar charges and to produce documentation requested by defendant

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STEIN ORTHOPEDIC ASSOCIATES, P.A. (A/A/O ALLISON KAGAN), Plaintiff, vs. USAA CASUALTY INSURANCE COMPANY, Defendant.

18 Fla. L. Weekly Supp. 554a

Online Reference: FLWSUPP 1806KAGA

Insurance — Personal injury protection — Discovery — Depositions — Where insurer does not allege affirmative defenses, medical provider may not require corporate representative of insurer that maintains its place of business in Hillsborough County to travel to Broward County for deposition

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