Volume 16

16 Fla. L. Weekly Supp. 104b

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician is not entitled to expert witness fee for deposition testimony regarding facts surrounding treatment of insured — Question certified: Is a treating physician who has brought an action seeking payment of personal injury protection benefits, entitled to be paid an “expert witness” fee when deposed by the defendant insurance carrier regarding the facts surrounding the treatment of the patient?

16 Fla. L. Weekly Supp. 221b

Online Reference: FLWSUPP 163OSBOU

Insurance — Personal injury protection — No error in finding demand letter sufficient or in ordering insurer to pay expert witness fee as condition of deposing treating physician

16 Fla. L. Weekly Supp. 590a

Online Reference: FLWSUPP 166TORO

Insurance — Personal injury protection — Discovery — Deposition of insurer’s litigation adjuster shall take place in county where adjuster does business and lives

16 Fla. L. Weekly Supp. 771a

Online Reference: FLWSUPP 168SANCK

Insurance — Personal injury protection — Discovery — Depositions — Sanctions are imposed on insurer for failing to bring claim notes to deposition

16 Fla. L. Weekly Supp. 1158a

Online Reference: FLWSUPP 1612GRA2

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician is not entitled to expert witness fee for deposition testimony, especially where physician is owner of medical provider that filed suit

16 Fla. L. Weekly Supp. 1143a

Online Reference: FLWSUPP 1612TELU

Insurance — Personal injury protection — Independent medical examination — Failure to attend — Error to find that insured’s lack of notice of IME is valid reason for failure to attend IME where insured was represented by counsel, and counsel received valid notice of IME — Discovery — Depositions — Expert witness fee — Error to require insurer to pay expert witness fees to depose treating physicians

Cert. denied. 36 Fla. L. Weekly D54b.

16 Fla. L. Weekly Supp. 416a

Online Reference: FLWSUPP 165DIXON

Insurance — Personal injury protection — Discovery — Depositions — Corporate representative — Fact that insurer named pre-litigation adjuster as person with most knowledge of claim in response to interrogatories did not mean adjuster is corporate representative designated to testify at deposition, especially where there is nothing to indicate that adjuster would have knowledge of affirmative defenses sought in notice of deposition — Error to require adjuster to appear for deposition as insurer’s corporate representative

16 Fla. L. Weekly Supp. 195b

Online Reference: FLWSUPP 162BENIT

Insurance — Personal injury protection — Default — Where insurer who was provided notice of motion for default and reasonable amount of time to respond to motion has failed to respond, default is entered against insurer

16 Fla. L. Weekly Supp. 402a

Online Reference: FLWSUPP 165GONZ4

Insurance — Personal injury protection — Deductible — Where insurer received bills in excess of PIP deductible from other medical providers before it received plaintiff medical provider’s bills, but statute of limitations had run on bills from other providers, deductible is applicable to plaintiff medical provider’s bills

16 Fla. L. Weekly Supp. 99a

Insurance — Personal injury protection — Declaratory judgment — Failure to provide explanation of benefits results in breach of contract — Letter denying claim that did not include all dates of service is legally insufficient EOB — Assignee medical provider is entitled to copy of PIP policy and declarations page — Insurer’s obligation to provide policy and declarations page presuit is not satisfied by furnishing documents to insured’s attorney