Volume 12

12 Fla. L. Weekly Supp. 368a

Insurance — Personal injury protection — Dismissal — Failure to prosecute — Motion to dismiss for failure prosecute is denied where medical provider filed pleadings with court within 30 days of receipt of notice of failure to prosecute

12 Fla. L. Weekly Supp. 583b

Insurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Where insured has been trying unsuccessfully for two years to obtain information on amount of money insurer has paid to medical providers who conducted independent medical evaluation and peer review, and insurer’s conduct has come perilously close to but has not quite reached level of egregious conduct necessary to invoke ultimate sanction of striking insurer’s pleadings, striking insurer’s experts and imposition of monetary sanctions are appropriate

12 Fla. L. Weekly Supp. 255b

Insurance — Personal injury protection — Discovery — Depositions — Failure to attend — Sanctions — Attorney’s fees and costs awarded

12 Fla. L. Weekly Supp. 569a

Insurance — Personal injury protection — Discovery — Depositions — Failure to appear — Sanctions — Motions for contempt and/or orders compelling attendance of two witnesses at depositions granted — Sanctions — Attorney’s fees awarded for cost of bringing motion against one witness

12 Fla. L. Weekly Supp. 422a

Insurance — Personal injury protection — Discovery — Depositions — Failure to appear — Error to impose sanction of attorney’s fees and costs against nonparty expert witness for failure to appear at deposition without finding witness in contempt — Fact that witness declined option of having contempt hearing does not obviate need for finding of contempt to support imposition of sanctions — Further, award of sanctions was premature where witness was not given opportunity to comply with order granting motion to compel entered three days earlier

12 Fla. L. Weekly Supp. 991a

Insurance — Personal injury protection — Explanation of benefits — Because PIP statute requiring EOB has become part of PIP insurance contract, medical provider may maintain breach of contract action for failure to provide EOB, even if only nominal damages arise — Motion to dismiss denied

12 Fla. L. Weekly Supp. 990a

Insurance — Personal injury protection — Explanation of benefits — Insurer’s “non-compliance letter” which does not state reason for denial of charges is not sufficient as itemized specification of unpaid charges/EOB — Medical provider may maintain action for breach of contract for failure to furnish EOB — No merit to argument that provider cannot maintain action because it cannot establish damages where critical question in action is existence of breach of contract and damages, which may be nominal, are for jury to determine after determination of liability — Moreover, action seeks relief in form of specific performance, which does not require showing of damages

12 Fla. L. Weekly Supp. 1196a

Insurance — Personal injury protection — Demand letter — Sufficiency — Demand letter with all medical bills attached is sufficient where bills identify specific services, amounts and dates of service claimed

12 Fla. L. Weekly Supp. 1069b

Insurance — Personal injury protection — Demand letter — Where demand letter was sufficiently specific to allow insurer’s claims representative to understand what claim was referenced and identity of provider claiming not to have been paid, it is irrelevant that demand letter was sent by provider’s billing agency — Insurer’s motion for summary judgment is denied

12 Fla. L. Weekly Supp. 1015b

Insurance — Personal injury protection — Demand letter — Insured complied with all material requirements of demand letter by specifying that unpaid claim at issue was mileage, the exact mileage due, and the date range in which transportation expense was incurred — Finding that letter was sufficiently specific is supported by fact that insurer made payment for exact amount claimed, with interest, but did not include statutory penalty and postage