Volume 13

13 Fla. L. Weekly Supp. 365b

Insurance — Personal injury protection — Coverage — Denial — Examination under oath — Failure to attend — Where insurer failed to schedule EUO within 30 days of receiving notice of claim and did not have any reasonable proof that it was not responsible for payment of claim, insured’s failure to attend EUOs scheduled outside 30-day statutory period did not give insurer right to deny benefits to insured

13 Fla. L. Weekly Supp. 288a

Insurance — Personal injury protection — Examination under oath — Failure to attend — Where sworn evidence establishes that EUO notice was sent to insured, and there is no sworn evidence disputing that notice was sent or establishing that notice was not received, receipt of notice is presumed — No merit to argument that insured was not required to attend EUO because denial of benefits letter was sent before EUO was requested where bill at issue was not sent to insurer until after EUO was requested — Further, where EUO was scheduled for same month as disputed bill was received, there is no violation of 30-day deadline to investigate or pay claim — Anticipatory repudiation defense raised in motion for rehearing is not allowed where defense was not raised in pleadings, and further delay is not warranted — Insurer’s motion for summary judgment is granted

13 Fla. L. Weekly Supp. 117a

Insurance — Personal injury protection — Examination under oath — Trial court erred in granting summary judgment in favor of insurer based on insured’s failure to appear for EUO where EOU request was made after complaint was filed — Provider, as insured’s assignee, was entitled to pursue cause of action since insurer did not pay submitted claim within 30-day period

13 Fla. L. Weekly Supp. 364a

Insurance — Personal injury protection — Examination under oath — Insurer is entitled to summary judgment in suit filed by medical provider where insured willfully refused to comply with terms of policy requiring examination under oath as condition precedent to filing suit

13 Fla. L. Weekly Supp. 786a

Insurance — Personal injury protection — Examination under oath — Failure to attend

13 Fla. L. Weekly Supp. 770a

Insurance — Personal injury protection — Examination under oath — Summary judgment must be affirmed as it was undisputed that insured refused to submit to EUO, a condition precedent to filing suit — Insured’s failure to submit to an EUO is a willful and material breach of the insurance contract that precludes recovery under the policy — Provider/assignee has no greater rights than the insured against the insurer

13 Fla. L. Weekly Supp. 839b

Insurance — Personal injury protection — Judicial notice — Medicare Part B Fee Schedule and Worker’s Compensation Fee Schedule

13 Fla. L. Weekly Supp. 172a

Insurance — Personal injury protection — Discovery — Medical provider is ordered to produce materials received from manufacturer of instrument used to test insured, redacted patient sign in sheet for date of service at issue, raw data for testing performed on insured, and any documents evidencing agreement between provider and insured for accepting payment from collateral source as result of third-party liability settlement or for writing off balance owed for treatment of insured

13 Fla. L. Weekly Supp. 904a

Insurance — Personal injury protection — Discovery — Depositions — Failure to attend — Sanctions — Evidentiary hearing will be held on issue of insurer’s failure to produce corporate representative for deposition — Speaking objections and inflammatory comments made by insurer’s counsel during deposition were impediment to taking deposition and unprofessional

13 Fla. L. Weekly Supp. 1007a

Insurance — Personal injury protection — Discovery — Admissions — Requests that insurer admit that it had allowed amounts to other medical providers in same zip code equal to or greater than amounts charged by plaintiff medical provider for similar CPT codes are not relevant and or likely to lead to discovery of admissible evidence, as information sought does not tend to prove that provider’s charges were reasonable — Provider’s motion to compel better responses is denied, and insurer’s objections to requests for admissions are sustained