Volume 12

12 Fla. L. Weekly Supp. 78a

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician is not expert witness entitled to fee for deposition testimony — Treating physician that is allied with plaintiff as its medical director and was directly responsible for care and treatment that will be subject of deposition is not entitled to expert witness fee for deposition testimony

12 Fla. L. Weekly Supp. 664b

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fees — Physician testifying about medical matters requiring education and experience of a physician is entitled to expert witness fee

12 Fla. L. Weekly Supp. 564a

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Physician is entitled to expert witness fee for testifying about medical matters

12 Fla. L. Weekly Supp. 126a

Insurance — Personal injury protection — Evidence — Depositions — Where insurer contacted police liaison and officer on numerous occasions and obtained subpoena in unsuccessful attempt to procure officer’s attendance at trial, trial court erred in granting new trial after reversing its initial order permitting insurer to read officer’s deposition testimony to jury

12 Fla. L. Weekly Supp. 591a

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician is not entitled to expert witness fee for deposition testimony where insurer did not go beyond scope of CPT code issue and treatment rendered to insured

12 Fla. L. Weekly Supp. 569c

Insurance — Personal injury protection — Discovery — Depositions — Deposition of treating physician is rescheduled to take place at physician’s office at time that will not interfere with appointments — Duration of deposition is not limited to finite period, but medical provider may seek sanctions if scope extends beyond relevant issues — Expert witness fee — No expert fee will be assessed, provided insurer does not inquire into matters requiring expert opinion

12 Fla. L. Weekly Supp. 869a

Insurance — Personal injury protection — Default — Vacation — Motion to set aside default is granted where insurer established excusable neglect based on failure of attorney’s assistant to open email forwarding complaint, established meritorious defense by proposed answer and affirmative defenses, and acted with due diligence in moving to set aside default on same day counsel learned of default

12 Fla. L. Weekly Supp. 387d

Insurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Default — Where over course of more than a year insurer has failed to comply with discovery rules and multiple court orders requiring discovery, insurer was unable to offer any explanation for continued failure to comply with orders other than understaffing of its own legal office, misconduct is not result of neglect or experience of attorney but is attributable to insurer’s disobedience, insurer has previously been sanctioned dozens of times by court, delay prejudiced medical provider by causing it to incur more attorney’s fees than claim itself, delay has created significant problems of judicial administration, and insurer failed to timely pay sanction which it had been advised was condition precedent to its continued defense, insurer’s pleadings are stricken and default judgment is entered against insurer

12 Fla. L. Weekly Supp. 498a

Insurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Default — Where over course of more than a year insurer has failed to comply with discovery rules and multiple court orders requiring discovery, insurer was unable to offer any explanation for continued failure to comply with orders other than understaffing of its own legal office, misconduct is not result of neglect or experience of attorney but is attributable to insurer’s disobedience, insurer has previously been sanctioned dozens of times by court, delay prejudiced insured by causing him to incur more attorney’s fees than claim itself, delay has created significant problems of judicial administration, and insurer failed to timely pay sanction which it had been advised was condition precedent to its continued defense, insurer’s pleadings are stricken and default judgment is entered against insurer

12 Fla. L. Weekly Supp. 780b

Insurance — Personal injury protection — Discovery — Depositions — Failure to attend — Sanctions — Default — Motion to amend default judgment upon appellate ruling, to include specific finding of willful noncompliance with order compelling attendance at deposition, is granted where transcript indicates judge made finding of willful noncompliance with order and that adjuster’s continuous failure to attend numerous depositions was willful and without excuse