Volume 14

14 Fla. L. Weekly Supp. 100c

Insurance — Personal injury protection — Discovery — Depositions — Sanctions — Insurer’s motion for sanctions against medical provider that objected to request to depose provider’s owner is denied where insurer did not provide reasonable explanation for failing either to set deposition or file motion to compel for twelve months after provider’s objection, and provider agreed to provide owner for deposition at reasonable time before hearing and did so — Coverage — Affirmative defenses — Amendment — Denial — Motion to amend answer to assert fourteen additional affirmative defenses is denied where insurer filed motion one year after suit was filed, insurer failed to offer any explanation for delay, insurer knew or should have known of defenses at time original answer was filed or shortly thereafter, and new defenses would prejudice medical provider and inject new issues into case which were not raised in pleadings or discovery and which are calculated to cause further delay and defeat provider’s motion for summary judgment with paper issues — Conclusory defenses are insufficient as matter of law

14 Fla. L. Weekly Supp. 758a

Insurance — Personal injury protection — Discovery — Depositions — In granting motion for clarification of ruling that trial court departed from essential requirements of law by compelling deposition sought to find out how insurer determined reasonable charges, appellate court determines that issues raised in pleadings and joint pretrial statement include reasonableness of charges but maintains that reasons underlying amount insurer pays on claims is totally irrelevant because it is medical provider’s burden to prove reasonableness of charges rather than insurer’s burden to disprove reasonableness

14 Fla. L. Weekly Supp. 757a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 14 Fla. L. Weekly Supp. 758a

Insurance — Personal injury protection — Discovery — Depositions — Where reasonableness of medical provider’s charges is not in dispute, deposition of member of insurer’s steering committee to find out how insurer determined amount it would pay PIP providers seeks irrelevant information, and order compelling deposition departs from essential requirements of law — Even if reasonableness of charges were at issue, provider would still not be entitled to take deposition because reasons and motives underlying insurer’s actions are not relevant to claim for benefits

14 Fla. L. Weekly Supp. 52b

Insurance — Discovery — Depositions — Failure to attend — Sanctions — Attorney’s fees and costs awarded as sanction for failure to attend deposition

14 Fla. L. Weekly Supp. 95a

Insurance — Personal injury protection — Discovery — Depositions — Failure to attend — Where insurer has shown deliberate and contumacious disregard of court’s authority, bad faith, willful disrespect or gross indifference to court order and deliberate callousness by failing to follow three prior orders requiring insurer’s claims adjuster to appear at depositions, insurer’s pleadings are stricken

14 Fla. L. Weekly Supp. 52a

Insurance — Personal injury protection — Discovery — Depositions — Failure to attend — Sanctions — Where insured failed to appear at deposition as ordered by court, and insured’s conduct has been willful, ongoing and repeated, summary judgment is granted in favor of insurer — Costs awarded to insurer

14 Fla. L. Weekly Supp. 51a

Insurance — Personal injury protection — Declaratory action — Discovery — Depositions — Failure to attend — Where insured failed to cooperate with insurer in investigation of claim by failing to attend multiple depositions, including deposition ordered by court, and gave incomplete or misleading testimony regarding claims history and accident allegedly caused by phantom vehicle, no PIP coverage exists — Insurer is relieved of all obligations to insured, any other named insured or any omnibus insured for any damages received as result of alleged accident — Civil judgment entered against insured

14 Fla. L. Weekly Supp. 631b

Insurance — Personal injury protection — Default — Vacation — Excusable neglect — Failure of attorney’s secretary to retrieve bailiff’s voice mail message advising that case would start that afternoon constitutes excusable neglect where neglect is that of secretary, not attorney, and secretary was assigned to work for three attorneys on day of trial

14 Fla. L. Weekly Supp. 569a

Insurance — Personal injury protection — Default — Vacation — Insurer who waited nearly a month after learning of entry of default to file motion to vacate did not act with due diligence — Conduct, taken as a whole, did not amount to excusable neglect — Motion to vacate default is denied

14 Fla. L. Weekly Supp. 646a

Insurance — Personal injury protection — Default is entered against insurer for failure to properly plead or otherwise defend action where insurer filed frivolous motion to dismiss for lack of standing and did not timely file responsive pleading to complaint