Volume 15

15 Fla. L. Weekly Supp. 269a

Insurance — Personal injury protection — Examination under oath — Refusal to cooperate — Final summary judgment is granted in favor of insurer where insured invoked Fifth Amendment right against self-incrimination when asked during EUO whether she was given money to go to medical provider’s clinic — Fact that insured assigned benefits to provider does not allow provider to use privilege as sword in PIP litigation — Insured’s unreasonable refusal to cooperate in EUO binds provider and relieves insurer of liability to pay benefits

15 Fla. L. Weekly Supp. 746a

Insurance — Personal injury protection — Examination under oath — Failure to attend — Where insurer did not inform insured or medical provider that it was asserting EUO no-show defense until four years after alleged no-show, insurer waived defense

15 Fla. L. Weekly Supp. 723a

Insurance — Personal injury protection — Examination under oath — Failure to attend EUO was not unreasonable where it is undisputed that insurer did not provide copy of correct insurance policy and declarations page to insured or her counsel prior to or during suit, and insurer made no effort to provide correct policy and reschedule EUO, despite request by insured’s counsel that EUO be reset for mutually convenient date upon receipt of policy — Directed verdict granted in favor of medical provider

15 Fla. L. Weekly Supp. 483b

Insurance — Personal injury protection — Claimant’s failure to appear at examination under oath — Where the insured attempted to provide a reason for his failure to appear at his EUO, a genuine issue of material fact remains, precluding summary judgment on behalf of insurer

15 Fla. L. Weekly Supp. 1199a

Insurance — Personal injury protection — Examination under oath — Failure to attend — Claimant’s failure to appear for EUO without cause or explanation warrants entry of summary judgment in favor of insurer — Medical provider/assignee, who stands in shoes of claimant, is subject to denial of its claim for claimant’s failure to attend EUO — No merit to argument that claimant was not bound by terms of PIP contract to which she was not party where contract requires any person or claimant to submit to EUO as condition precedent to maintaining suit for breach of policy

15 Fla. L. Weekly Supp. 826b

Insurance — Personal injury protection — Independent medical examination — Examination under oath — Failure to attend — Where insurer timely mailed notices of IME and EUO to address provided by insured, but from which insured had moved without notifying insurer of new address or leaving forwarding address, insured is presumed to have received notices — Where insured offered no explanation for nonattendance at IME and EUO to insurer or trial court, insurer properly denied assignee/medical provider’s claim for PIP benefits

15 Fla. L. Weekly Supp. 282a

Insurance — Personal injury protection — Examination under oath — Failure to attend — Omnibus insured was not required by policy to attend EUO, and failure to attend, even if without reasonable excuse, cannot rise to level of defense to nonpayment of benefits

15 Fla. L. Weekly Supp. 1116a

Insurance — Personal injury protection — Motion to dismiss — Allegations that go to merits of action are improper for motion to dismiss

15 Fla. L. Weekly Supp. 392a

Insurance — Personal injury protection — Insurer’s obligation under section 627.4137 to provide information and copy of policy upon request from medical provider was not eliminated by defect in claim

15 Fla. L. Weekly Supp. 639b

Insurance — Personal injury protection — Discovery — Depositions — Where attorney for medical provider improperly asserted work-product privilege and instructed insured who was deposed as non-party witness not to answer questions regarding pre-deposition coaching, attorney is personally sanctioned