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Volume 10

Case Search

DANIEL J. MADOCK, D.C., P.A. (As Assignee of LYNN KUS), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

10 Fla. L. Weekly Supp. 546b

Insurance — Discovery — Depositions — Failure to attend — Sanctions — Where insurer filed motion for protective order after plaintiff scheduled deposition but failed to set motion for hearing before deposition date, and deponent failed to appear at deposition, insurer is ordered to pay attorney’s fees to medical provider’s counsel — Amount of fees calculated

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BARTON LAKE HEALTHCARE CENTER, as assignee of PEDRO SANTIAGO, Plaintiff, vs. NATIONWIDE ASSURANCE COMPANY, Defendant.

10 Fla. L. Weekly Supp. 533b

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fees — Peer review physician shall be compensated for deposition testimony at hourly rate charged for conducting peer review and preparation of report — If physician can show that peer review work took less than an hour, she can petition for additional fee — Medical provider is ordered to forward prepayment of one hour fee to physician at least 72 hours prior to deposition — Physician will only be entitled to cancellation fee if provider cancels deposition within 72 hours

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