Volume 17

17 Fla. L. Weekly Supp. 929a

Online Reference: FLWSUPP 1710BLAN

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fees — No error in granting expert witness fees for deposition testimony of treating physicians where physicians were asked to provide opinions on subjects not pertaining to treatment of insured, and one physician was asked to give opinion concerning other physician’s treatment — Examination under oath — Failure to attend — No error in denying insurer’s motion for summary judgment on issue of non-attendance at EUO where questions of fact existed as to whether insured received notice of EUO — Evidence — Hearsay — Exceptions — Business records — EUO notice is hearsay, and trial court did not abuse its discretion in determining that testimony of adjuster was not competent to authenticate EUO notice or establish routine business practice necessary to admit notice as business record — No abuse of discretion in excluding testimony of EUO department employee not listed in insurer’s last timely filed pre-trial catalog — In absence of any competent admissible evidence that EUO notice was sent to insured, trial court properly granted directed verdict for insured

17 Fla. L. Weekly Supp. 828b

Online Reference: FLWSUPP 1709OSOR

Insurance — Personal injury protection — Examination under oath — Failure to attend — Where insurer attempted to deliver EUO notice to insured at incorrect address provided in application for benefits and in policy, insurer made proper attempt to provide notice, and insured’s failure to attend EUO is breach of condition precedent

17 Fla. L. Weekly Supp. 827a

Online Reference: FLWSUPP 1709PER2

Insurance — Personal injury protection — Coverage — Medical expenses — Examination under oath — PIP statute does not contain provision making insured’s attendance at EUO a condition of coverage — Policy provision making EUO a condition precedent to payment of no-fault benefits conflicts with statutory requirements and is invalid

17 Fla. L. Weekly Supp. 202a

Online Reference: FLWSUPP 1703GOME

Insurance — Personal injury protection — Examination under oath — Failure to attend — Insured’s obligation to attend EUO does not shift to medical provider merely because insured assigned benefits to provider — Insurer may not enforce policy provision requiring that assignee submit to EUO

17 Fla. L. Weekly Supp. 198a

Online Reference: FLWSUPP 1703DIA3

Insurance — Personal injury protection — Examination under oath — Failure to attend — Medical provider/assignee was not required to attend EUO to assert right to PIP benefits

17 Fla. L. Weekly Supp. 225a

Online Reference: FLWSUPP 1703HART

Insurance — Personal injury protection — Examination under oath — Failure to appear — Where insured received notice of and unreasonably refused to attend two EUOs, insured’s breach of PIP policy relieves insurer of any obligation to pay benefits — No merit to argument that insurer waived EUO no-show defense by failing to list it on explanation of benefits where failure to attend EUO could not have been cured even if listed on EOB

17 Fla. L. Weekly Supp. 27a

Online Reference: FLWSUPP 1701HANS

Insurance — Personal injury protection — Demand letter was sufficient although it contained two bills that were in excess of what was in dispute in suit

17 Fla. L. Weekly Supp. 463b

Online Reference: FLWSUPP 1706BOOK

Insurance — Personal injury protection — Demand letter is insufficient where letter does not specify exact services and amounts claimed to be due, and insurer’s explanation of review attached to letter states amount that conflicts with amount claimed in demand letter — Motion to dismiss is granted

17 Fla. L. Weekly Supp. 386b

Online Reference: FLWSUPP 1705NELS

17 Fla. L. Weekly Supp. 118a

Online Reference: FLWSUPP 1702DERO

Insurance — Personal injury protection — Demand letter is sufficient where, although letter stated differing amounts claimed, insurer’s correspondence demonstrates that it was provided information it needed to know exact amount of overdue claim and amount required to resolve claim without litigation