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Volume 15

Case Search

UNITED AUTOMOBILE INSURANCE COMPANY, A Florida Corporation, Appellant, v. CERECEDA & ASSOCIATES, D.C., P.A., a/a/o ONICA BLAIZE, Appellee.

15 Fla. L. Weekly Supp. 1048a

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician — Where insurer sought to depose treating physician regarding professional services rendered and whether treatment was medically necessary and related to accident, trial court correctly determined that physician was entitled to expert witness fee under rule 1.390

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OPEN MRI OF MIAMI-DADE, LTD., a/a/o JULNESSE DORVAL, Plaintiff, v. AFFIRMATIVE INSURANCE COMPANY, Defendant.

15 Fla. L. Weekly Supp. 1106a

Insurance — Personal injury protection — Discovery — Depositions — Where insurer alleges affirmative defenses, medical provider may require corporate representative of insurer that maintains its place of business in Brevard County to travel to Miami-Dade County for deposition — Request to stay case while insurer seeks certiorari review of order denying protective order is denied

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AFFIRMATIVE INSURANCE COMPANY, Petitioner, v. BETASHA SAWRY, Respondent.

15 Fla. L. Weekly Supp. 795a

Insurance — Personal injury protection — Discovery — Depositions — Location — Certiorari challenge to order denying motion for protective order seeking to move location for deposition of insurer’s litigation adjuster from Broward County to Brevard County or Addison, Texas — Rule that defendant should not be required to travel great distance for discovery deposition is not applicable where insurer has asserted affirmative defense — Standing — Assignment — Claim that insured who assigned benefits to medical provider lacks standing is not properly before appellate court where claim was never brought before trial court or raised as affirmative defense

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UNITED AUTOMOBILE INSURANCE COMPANY, Petitioner, v. DEL GROSSO CHIROPRACTIC, P.A., a/a/o ODILES PIERRE, Respondent.

15 Fla. L. Weekly Supp. 1056a

Insurance — Personal injury protection — Discovery — Depositions — County court did not depart from essential requirements of law by compelling defendant’s claims adjuster, who resided in Hillsborough County, to attend deposition in Miami-Dade County — Because insurer alleged in its answer affirmative defenses that medical services were not reasonable, related, or necessary and that insured made material misrepresentations on insurance application, plaintiff was permitted to depose adjuster in Miami-Dade County

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UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, vs. MRI ASSOCIATES OF AMERICA, LLC (a/a/o Gabriela Lam), Appellee.

15 Fla. L. Weekly Supp. 680b

Insurance — Personal injury protection — Default — Vacation — Although insurer demonstrated due diligence in moving to set aside default and established excusable neglect through affidavit stating that untimely filing was due to courier’s error, insurer failed to establish meritorious defense — Denial of motion to vacate is affirmed

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