Volume 10

10 Fla. L. Weekly Supp. 52a

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Hourly rate and cancellation fee set for deposition testimony of physician who conducted independent medical examination — Prepayment of one hour of fee ordered

10 Fla. L. Weekly Supp. 917c

Insurance — Discovery — Depositions — Bad faith

10 Fla. L. Weekly Supp. 458b

NOT FINAL VERSION OF OPINION
Subsequent Changes at 10 Fla. L. Weekly Supp. 1043a

Insurance — Personal injury protection — Civil procedure — Default — Excusable neglect — Unverified, unsubstantiated claim by defendant that parties had informal agreement for indefinite extension on responding to complaint was refuted by way of affidavit filed in opposition to motion to set aside default and was unsupported by any proof or written documentation establishing that extension was ever discussed — Affidavit of defendant’s claims examiner, presented for first time midway through hearing, was untimely and, in any event, contained nothing that satisfied defendant’s burden of proving excusable neglect — Statement that defendant “maintains meritorious defenses to the present action,” unaccompanied by any statement as to what those defenses were, not sufficient to prove that defendant had meritorious defense to plaintiff’s claims — Motion to set aside default denied

10 Fla. L. Weekly Supp. 461c

Insurance — Personal injury protection — Default — Vacation — Excusable neglect — Motion to vacate default is denied where insurer made conscious decision not to appear at pretrial conference or respond to complaint

10 Fla. L. Weekly Supp. 475b

Insurance — Civil procedure — Default — Vacation — Where default was entered by clerk without notice to insurer after insurer filed notice of serving interrogatories, default and judgment based thereon are void — Motion for rehearing and motion to set aside default judgment which raised for the first time argument that default was entered in violation of due process notice requirement of rule 1.500 was not untimely filed because void judgment may be set aside at any time — Default vacated

10 Fla. L. Weekly Supp. 436c

Insurance — Personal injury protection — Declaratory judgments — Medical provider properly pled count for declaratory relief where it is alleged that insurer refused provider’s numerous requests for PIP log, and due to insurer’s dilatory tactics provider is unsure whether there is coverage or whether medical bill was applied to deductible

10 Fla. L. Weekly Supp. 554c

Insurance — Personal injury protection — Complaint — Defects — Action by insurer against MRI provider and its owner — There are no allegations of ultimate facts supporting legal conclusion that owner is alter ego of provider — Although complaint alleges that owner and provider did things to mislead insurer, a debtor, corporate veil is pierced where owner uses corporation to mislead creditors or creates general tort risk to public — Allegation that owner conspired with herself to mislead plaintiff insurer into believing that MRI provider rendered service is immaterial in that services billed for were actually performed under circumstances that were compensable to insurer’s insureds as indemnified persons, and mere fact that insureds permitted payment to provider rather than others involved in work establishes no material harm to insurer — Unjust enrichment — Insured has failed to allege circumstances establishing that it would be inequitable for defendants to retain benefits where there are no allegations that MRIs were overpriced, not medically necessary, not related, or not done, and insurer does not assert that insureds were not indemnified for MRIs, that insureds did not want payment made to defendants, or that insurer has obligation to any insured or third party for payment of same money paid to defendants — Declaratory relief — There is no bona fide, actual, present practical need for declaration where insurer knows allegations that defendants continue to engage in practices insurer deems unlawful are untrue or cannot make those allegations in good faith because owner testified in deposition that neither she nor MRI provider continue to present MRI claims to PIP insurers and have not done so in years — Fraud — Insurer has failed to establish key element that it has sustained damage — Case style — There are no allegations of ultimate fact supporting action “for the use and benefits of its insureds” — Further, because insurer seeks relief that could create unsatisfied obligation owed by insureds to MRI provider, insureds are indispensable parties

10 Fla. L. Weekly Supp. 420b

Declaratory judgments — Insurance — Coverage — Plaintiff and defendant seeking determination of whether insurance policies preclude coverage for underlying action — Motions for summary judgment denied where genuine issues of material fact exist

10 Fla. L. Weekly Supp. 159b

Insurance — Central air-conditioning unit compressor is fixture, not personalty covered by insurance policy

10 Fla. L. Weekly Supp. 731b

Insurance — Coverage — Denial — Examination under oath — Dispute between medical provider and insurer — Medical provider which accepted assignment from insured was not required to submit to EUO