Volume 17

17 Fla. L. Weekly Supp. 414a

Online Reference: FLWSUPP 1706CASTInsurance — Personal injury protection — Reduction of benefits — Valid medical report — Error to exclude peer review report filed in opposition to summary judgment because it was not predicated on independent medical examination where report was supported by physician’s review of insured’s medical records — Valid medical report is not condition precedent to denial or partial reduction of PIP claim, as opposed to withdrawal of benefits — Discovery — Depositions — Expert witness fee — Error to find that treating physician is expert witness entitled to expert witness fee for deposition testimony

17 Fla. L. Weekly Supp. 329a

Online Reference: FLWSUPP 1705DUNCInsurance — Personal injury protection — Discovery — Depositions — Expert witnesses — Error to award expert witness fees for deposing treating physician — Coverage — Reasonable, related and necessary treatment — Error to enter summary judgment in favor of insured after refusing to consider peer review affidavit because it was not based on independent medical examination and was obtained after insured filed suit

17 Fla. L. Weekly Supp. 163d

Online Reference: FLWSUPP 1703IBARInsurance — Personal injury protection — Withdrawal of benefits — Valid medical report — Physician preparing report for purposes of withdrawal of benefits does not have to personally examine insured — Reporting physician can review another physician’s examination and treatment records of insured — Discovery — Depositions — Expert witness fee — Error to require insurer to pay expert witness fee for deposition of treating physician deposed for purpose of discovering his course of treatment of insured

17 Fla. L. Weekly Supp. 1065b

Online Reference: FLWSUPP 1711SOCOInsurance — Personal injury protection — Witnesses — Expert — Abuse of discretion to deny insurer’s request to take deposition of its sole expert witness to read to jury where trial court changed order in which cases would be heard and expert whose testimony was crucial was not available to testify until several days after new trial date

17 Fla. L. Weekly Supp. 972a

Online Reference: FLWSUPP 1710GINEInsurance — Personal injury protection — Discovery — Depositions — Circuit court did not depart from essential requirements of law by granting protective order precluding insured from taking deposition of an employee of insurer who potentially had information regarding reductions in insured’s claims — Reasoning behind payments made by insurance company is not relevant to suit for PIP benefits

17 Fla. L. Weekly Supp. 661a

Online Reference: FLWSUPP 1708ALIInsurance — Personal injury protection — Discovery — Depositions — Insurer may not inquire in deposition about CPT coding used by medical provider or identity of provider’s coding consultant — Insurer may not inquire about provider’s compliance with various administrative rules, regulatory statutes, licensing requirements and medical standards — Inquiry ends with determination that facility and treating physicians are properly licensed by state — Insurer may discover contractual rates provider accepted from insured’s health insurance carrier, but information will be deemed confidential — Treating physician is entitled to expert witness fee for deposition testimony

17 Fla. L. Weekly Supp. 428b

Online Reference: FLWSUPP 1706PERSInsurance — Default — Vacation — Denial — No error in refusing to set aside default where insurer did not prove excusable neglect or undertake due diligence in seeking relief from default

17 Fla. L. Weekly Supp. 287a

Online Reference: FLWSUPP 1704LONGInsurance — Personal injury protection — Subrogation or reimbursement of PIP benefits — Declaratory judgment — Where neither insured nor insurer is in doubt as to rights or interpretation of statute controlling insurer’s claim for subrogation or reimbursement of PIP benefits, insured’s request for declaration of proper dollar amount that should be claimed is dismissed

17 Fla. L. Weekly Supp. 385a

Online Reference: FLWSUPP 1705ARTIInsurance — Declaratory judgment — Medical provider need not seek monetary damages in order to pursue declaratory relief as to amount of benefits recoverable

17 Fla. L. Weekly Supp. 572a

Online Reference: FLWSUPP 1707HIGGContracts — Insurance — Choice of law — Claims under contract are governed by laws of state in which contract was executed