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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

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

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

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

18 Fla. L. Weekly Supp. 702a

Online Reference: FLWSUPP 1808JOLI

Insurance — Discovery — Depositions — Medical provider’s owner and treating physician are not required to appear for depositions — Insurer may depose provider’s billing manager

18 Fla. L. Weekly Supp. 480b

Online Reference: FLWSUPP 1805GARR

Insurance — Personal injury protection — Deductible — No merit to insurer’s claim that insured was required to pay bills received from other medical providers and applied to deductible before insurer’s obligation to pay plaintiff medical provider’s bills in excess of deductible would ripen — Insurer is obligated to pay amount of medical provider’s bills less remainder of deductible

18 Fla. L. Weekly Supp. 620c

Online Reference: FLWSUPP 1807RIGD

Insurance — Personal injury protection — Deductible — Proper formula for payment of PIP claim requires that deductible be subtracted from total billing amount before statutory reductions are applied

18 Fla. L. Weekly Supp. 597a

Online Reference: FLWSUPP 1807SAPP

Insurance — Personal injury protection — Deductible — Under current version of PIP statute, deductible is deducted from 100% of amount billed before application of any percentage limitation

18 Fla. L. Weekly Supp. 459c

Online Reference: FLWSUPP 1805PAPP

Insurance — Coverage — Conditions precedent — Proof of loss — Failure to provide sworn proof of loss unambiguously required by policy bars recovery under policy

18 Fla. L. Weekly Supp. 615c

Online Reference: FLWSUPP 1807LJAC

Insurance — Personal injury protection — Declaratory actions — Motion to dismiss complaint for declaratory judgment on grounds that it fails to present current case or controversy, that medical provider/assignee failed to join assigno,r and that complaint is attempt to circumvent demand letter condition precedent for PIP suit is denied