Volume 11

11 Fla. L. Weekly Supp. 70a

Insurance — Discovery — Depositions — Expert witness fee

11 Fla. L. Weekly Supp. 239c

Insurance — Discovery — Depositions — Plaintiff’s counsel to sit for deposition but does not have to provide better responses to discovery — Counsel to provide copy of contingency fee contract between counsel and client

11 Fla. L. Weekly Supp. 335b

Insurance — Discovery — Depositions — Motion for protective order to prevent plaintiff from asking deposition questions about claims adjusters’ financial stake in limiting claims they pay is granted in part by limiting questions only to that portion of compensation package pertaining to bonuses or other compensation based on savings derived from adjusters’ actions or inactions on claims

11 Fla. L. Weekly Supp. 346b

Insurance — Personal injury protection — Discovery — Depositions — Court declines to enter protective order for deposition of attorney — Where there is no evidence of need for special master to preside over deposition as requested by medical provider, court will permit master to preside if provider bears cost

11 Fla. L. Weekly Supp. 794c

Insurance — Default — Vacation — Denial — Excusable neglect for failure to appear at pretrial conference is marginal where attorney had three days notice of scheduling conflict yet did nothing but leave note on morning of conference instructing secretary to have another attorney attend and when secretary did not come to work that day no one arranged coverage — Motion — Sufficiency — Even if facts were sufficient to constitute excusable neglect, grant of unsworn motion without supporting affidavit would have been reversible abuse of discretion — Moreover, attempt to remedy insufficient motion by filing motion for rehearing 28 days later without explanation for the delay in moving for rehearing showed lack of due diligence — Order denying motion to vacate default and motion for rehearing affirmed

11 Fla. L. Weekly Supp. 484a

Insurance — Personal injury protection — Small claims — Default — Where insurer who invoked rules of civil procedure in small claims action failed to file answer until fifteen months after answer was due under those rules and more than two months after motion for default was filed, insurer has not responded to request to produce for year and half based on stated inability to locate PIP file, insurer served incomplete responses to interrogatories 497 days late, insurer did not respond to request for admissions, and insurer has not filed any evidence demonstrating excusable neglect, default is entered against insurer

11 Fla. L. Weekly Supp. 1044a

Insurance — Personal injury protection — Discovery — Depositions — Failure to attend — Sanctions — Default — Appeal of order granting medical provider’s motion for default due to adjuster’s failure to attend deposition scheduled pursuant to order granting motion to compel after insurer had previously cancelled two depositions and informed provider that adjuster would not be available for five months — While it is apparent that trial court had basis to find adjuster’s failure to attend deposition was willful, court erred in entering order striking pleadings and granting default without express written finding of willful noncompliance

11 Fla. L. Weekly Supp. 746b

Insurance — Default — Where insurer has failed to file responsive pleading or appear at court-ordered mediation, and medical provider put insurer on clear notice that it intended to seek default, default is entered as to liability only — Mediation is ordered reset with insurer to bear entire cost, and insurer is sanctioned $225 to be paid to provider

11 Fla. L. Weekly Supp. 164a

Insurance — Personal injury protection — Motion for default based on defendant’s failure to file answer to amended complaint within 10 days of its filing denied

11 Fla. L. Weekly Supp. 163b

Insurance — Personal injury protection — Motion for default based on defendant’s failure to file answer to amended complaint within 10 days of its filing denied