Volume 14

14 Fla. L. Weekly Supp. 825a

Insurance — Personal injury protection — Default — Abuse of discretion to enter default against insurer for failure to properly serve or file answer where, although insurer could not confirm that answer was mailed, insured had actual receipt of answer by fax, and explanation that failure to file answer was due to sheer oversight does not indicate willful, contumacious or deliberate conduct

14 Fla. L. Weekly Supp. 96a

Insurance — Personal injury protection — Default — Because insurer filed notice of appearance, such that default is processed through court rather than clerk and rule 1.500(b) applies, service of motion for enlargement of time did not bar entry of default where insurer was provided with notice of application for default and motion for enlargement of time was not filed before court entered default — Vacation — Denial — Excusable neglect — Mere conclusory statement that office was “bombarded” with files, without facts regarding how and when files were provided and explanation for why insurer could not review files prior to 20-day response deadline or file motion for enlargement of time at same time as notice of appearance, does not demonstrate excusable neglect — Motion to vacate denied

14 Fla. L. Weekly Supp. 777b

Insurance — Personal injury protection — Default — Mere participation in case, by participating in mediation ending in impasse, without responding to complaint is not sufficient to avoid default

14 Fla. L. Weekly Supp. 582a

Insurance — Personal injury protection — Declaratory judgments — Insurer’s obligation to furnish PIP log to medical provider/assignee — Mootness — Where provider failed to have motion to amend complaint to add count for declaratory relief based on insurer’s failure to provide PIP log heard prior to court hearing and granting insurer’s motion for summary judgment based on exhaustion of policy limits, provider’s motion to amend and motion for summary judgment are rendered moot

14 Fla. L. Weekly Supp. 1144b

Insurance — Personal injury protection — Declaratory action — Insurer’s obligation to provide policy, declarations page and/or PIP log on presuit request from assignee/medical provider — Provider may maintain action for copy of policy and declarations page, even where documents have been provided to insured

14 Fla. L. Weekly Supp. 1167b

Insurance — Personal injury protection — Declaratory action — Insurer’s obligation to provide policy, declarations page and/or PIP log on presuit request from assignee/medical provider — Cancelled policy — Where insurer is alleging that policy was not in effect at time of loss due to cancellation, voiding, or termination, provider is entitled to certified copy of declarations page and policy presuit

14 Fla. L. Weekly Supp. 1167a

Insurance — Personal injury protection — Declaratory action — Insurer is required to furnish declarations page, policy and/or PIP log upon presuit request from assignee/medical provider

14 Fla. L. Weekly Supp. 867a

Insurance — Personal injury protection — Declaratory judgment — Insurer’s obligation to provide policy, declarations page and/or PIP log on presuit request from assignee/medical provider — Tendering PIP log with letter stating extent of alleged coverage under policy did not satisfy insurer’s obligation to provide declarations page requested by provider

14 Fla. L. Weekly Supp. 418a

Insurance — Personal injury protection — Declaratory judgment — Insurer’s obligation to provide PIP log upon presuit request by assignee/medical provider — Jurisdiction — County court has subject-matter jurisdiction over claim for declaratory relief concerning PIP log — Standing — Assignment — Where insured assigned PIP benefits to provider, provider obtained all rights and benefits of insured under policy, including right to obtain PIP log — Where without PIP log provider is unable to determine its status as claimant and whether deductible has been met, provider is entitled to PIP log

14 Fla. L. Weekly Supp. 400a

Insurance — Personal injury protection — Declaratory judgment — Insurer’s obligation to provide policy, declarations page and PIP log on presuit request by assignee/medical provider — Section 627.736(6)(d) requires presuit production of PIP log to assignee/medical provider if requested — Error to grant motion to dismiss declaratory action — Outstanding issues in case preclude award of attorney’s fees to provider