16 Fla. L. Weekly Supp. 221b

Online Reference: FLWSUPP 163OSBOU

Insurance — Personal injury protection — No error in finding demand letter sufficient or in ordering insurer to pay expert witness fee as condition of deposing treating physician

UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, vs. NATASHA OSBOURNE, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 08-14842(19). L.T. Case No. 07-2431(50). January 14, 2009. Counsel: Lara Edelstein, for Appellant. Dean A. Mitchell, for Appellee.

OPINION

(JEFFREY E. STREITFELD, J.) IN THIS Appeal from a Final Judgment awarding PIP benefits, Appellant/Insurer United Automobile Insurance Company has failed to demonstrate reversible error. Ms. Osbourne’s demand letter satisfied the requirements of Fla. Stat. §637.736(11) and the Trial Court did not abuse its discretion in ordering the insurer to pay an expert witness fee as a condition of deposing the insured’s treating physician.

ACCORDINGLY, the Final Judgment is affirmed. Appellee’s Motion for Attorneys Fees and Costs is granted; the amount shall be determined by the Trial Court upon remand.