Volume 10

10 Fla. L. Weekly Supp. 366e

Insurance — Failure to comply with pretrial order — Sanctions — Where insurer’s original pretrial catalogue failed to comply with court order, insurer failed to comply with order to file amended catalogue with stipulations of fact, and court finds failure to comply is not isolated incident, motion to strike insurer’s witness and exhibit list is granted — Because insurer has no evidence to present on remaining issue of failure of insured to appear for examination under oath, insured is entitled to judgment as matter of law — Insured would be entitled to judgment as matter of law even if insurer’s witnesses were not stricken because undisputed facts in insured’s statement of stipulated facts reveal that insurer was in breach of contract prior to and at time and date of scheduled examination under oath

10 Fla. L. Weekly Supp. 858a

Insurance — Summary judgment — Factual issues — Error to enter summary judgment where there exist material issues of fact concerning whether insureds refused to attend required examination under oath

10 Fla. L. Weekly Supp. 449a

Insurance — Personal injury protection — Insured is required to submit to examination under oath even though EUO was requested subsequent to suit being filed because EUO requirement is material term of insured’s policy — Further, failure to appear at EUO would violate “cooperation clause” of insured’s policy — Insured’s agreement to sit for deposition following suit did not satisfy spirit of policy mandating EUO — Motion for protective order denied

10 Fla. L. Weekly Supp. 830a

Insurance — Personal injury protection — Coverage — Denial — Failure to attend examination under oath — Insurer’s motion for summary judgment based on insured’s failure to submit to EUO is denied where policy provision requiring insured to give written proof of claim “and/or” submit to EUO is ambiguous as to whether only written notice of claim is required, only EUO is required, or both are required — Where insurer does not dispute that reasonable notice of claim was given, medical bills were received, and insurer failed to pay or give reason for not paying within thirty days, and parties stipulated that claim was for covered loss, summary judgment in favor of insured is granted

10 Fla. L. Weekly Supp. 843d

Insurance — Personal injury protection — Coverage — Denial — Failure to attend examination under oath — Assignee claiming as omnibus insured was not required to attend EUO under policy requiring “named insured” to submit to EUO — Summary judgment granted in favor of medical provider as to affirmative defense of failure of condition precedent

10 Fla. L. Weekly Supp. 642c

Insurance — Standing — Assignment — Validity — Document which fails to transfer all interests under insurance contract and results in insured remaining directly and fully responsible to medical provider for bills is direction to pay notwithstanding provision stating insured assigns benefits — Summary judgment granted in favor of insurer

10 Fla. L. Weekly Supp. 641b

Insurance — Standing — Assignment — Validity — Assignment is valid despite not stating name of insurer

10 Fla. L. Weekly Supp. 920b

Insurance — Personal injury protection — Standing — Assignment — Validity — Simultaneous execution of assignment and direction to pay does not render documents void

10 Fla. L. Weekly Supp. 466a

Insurance — Personal injury protection — Small claims — Standing — Assignment — Validity — Assignment is valid despite language indicating that insured remains ultimately responsible for all charges incurred

10 Fla. L. Weekly Supp. 465c

Insurance — Personal injury protection — Small claims — Standing — Assignment — Validity — Assignment is valid despite language indicating that insured remains ultimately responsible for all charges incurred — Limitation of actions — Statute of limitations does not bar bills for service that occurred within five years of filing suit