Volume 12

12 Fla. L. Weekly Supp. 800a

Insurance — Personal injury protection — Default — Where court specifically required that responsive pleading be filed, insurer failed to file responsive pleading and instead filed motion to dismiss for forum non conveniens, and insurer was served with application for default but still did not file responsive pleading, default was properly entered — Motion to vacate denied

12 Fla. L. Weekly Supp. 987a

Insurance — Personal injury protection — Sanctions — Default — Where failure of insurer’s attorney to comply with discovery orders is not result of neglect or inexperience but due to overload of cases attributable to insurer, insurer has been sanctioned dozens of times, insurer was personally involved in disobedience of attorney who works exclusively for insurer, insurer offered no credible explanation for continually failing to comply with court orders and rules of discovery, delays by insurer have created significant problems of judicial administration by requiring that inordinate amount of judicial time be spent in handling motions to compel and motions for sanctions, and delay prejudiced medical provider by requiring provider to incur more attorney’s fees than claim itself, default is entered against insurer

12 Fla. L. Weekly Supp. 899a

Insurance — Personal injury protection — Summary judgment — Court cannot rule on medical provider’s motion for summary judgment on count for declaratory relief where discovery on issue of standing and assignment is incomplete

12 Fla. L. Weekly Supp. 182a

Insurance — Declaratory judgments — Standing — Plaintiff provider sufficiently pled claim for declaratory relief — Insurer’s contention that plaintiff lacked standing and failed to comply with presuit requirements by failing to provide assignment of benefits with the demand was countered by plaintiff’s assertion that notice of intent sent to insurer prior to suit reflected fact that individual had been involved in head-on collision, was experiencing altered state of consciousness and had been drinking, all of which rendered him unable to sign any paperwork at scene of accident — Further, insurer did not respond to notice of intent to initiate litigation and raised standing issue following filing of an affidavit of the injured individual attesting to his intent to assign his rights at time of accident

12 Fla. L. Weekly Supp. 1092b

Insurance — Personal injury protection — Declaratory action — Insurer’s obligation to provide PIP log on pre-suit request from medical provider — Insurer is entitled to summary judgment in declaratory action seeking to compel insurer to produce PIP log where provider that sent request for log with demand letter and voluntarily dismissed action for PIP benefits did not require log in order to ascertain rights under policy

12 Fla. L. Weekly Supp. 503a

Insurance — Personal injury protection — Coverage — Expiration of policy — Insurer had no obligation to provide medical provider with declarations page, policy or PIP log where policy had expired prior to date of loss

12 Fla. L. Weekly Supp. 593a

Insurance — Personal injury protection — Declaratory action — Insurer’s obligation to produce PIP log on pre-suit request from medical provider — Insurer is required as matter of law to provide PIP log in response to pre-suit demand — Insurer’s inadvertent production of log after suit was filed is immaterial to ruling in declaratory action since, whether or not log has been produced, insurer’s obligation to produce it remained the same

12 Fla. L. Weekly Supp. 592a

Insurance — Personal injury protection — Declaratory action — Insurer’s obligation to produce policy, declarations page and PIP log on pre-suit request from medical provider — Insurer is required as matter of law to provide policy, declarations page and PIP log in response to pre-suit demand — Insurer’s assertion that Gramm-Leach-Bliley Act prohibits disclosure is rejected — Act is not applicable and, if it were, information sought is not of type intended to be protected — Fact that assignment of benefits does not provide for release of information does not preclude disclosure since provider/assignee is entitled to all information in connection with suit to which insured would be entitled

12 Fla. L. Weekly Supp. 941a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 13 Fla. L. Weekly Supp. 573a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 12 Fla. L. Weekly Supp. 1145b

Insurance — Personal injury protection — Declaratory judgment — Insurer’s obligation to provide PIP log on pre-suit request from medical provider — Appellate court has subject matter jurisdiction of appeal of order granting medical provider’s motion for final summary judgment on claim for declaratory relief, despite fact that insurer’s inadvertent handing over of requested documents to provider has rendered issue of insurer’s obligation to provide documents moot, where action involves important issues that are capable of repetition yet evading review — Where PIP statute requires that insurer furnish injured person with copy of all information obtained by insurer under statute, but PIP log is not defined in statute and there is no requirement that insurer maintain log, PIP log is not designated requirement that insurer maintain and provide to insured, and provider is not entitled to pre-suit disclosure of log — Error to order that provider is entitled to copy of declarations page and policy information under section 627.4137, which references insurers that provide liability coverage, not PIP coverage — Trial court also erred in finding obligation to provide declarations page and policy information under section 627.7401, which only requires that insured involved in accident with personal injury be sent form adopted by state commission notifying of right to receive PIP benefits — Demand letter — Defects in demand letter did not affect validity of summary judgment in declaratory action where action for benefits was voluntarily dismissed, and appeal does not address action for benefits that requires demand letter — Reversed and remanded

12 Fla. L. Weekly Supp. 993b

Insurance — Personal injury protection — Declaratory action — Insurer’s obligation to provide declarations page and PIP log on pre-suit request from medical provider — Section 627.4137 does not create private cause of action to recover copy of declarations page or PIP log as statute applies to liability insurers only — Section 627.7401 creates basis for Department of Insurance to promulgate rules, but does not create private cause of action to recover documents sought from insurer — PIP statute which does not even define PIP log does not create basis for recovery of PIP log or declarations page