Volume 19

19 Fla. L. Weekly Supp. 142a

Online Reference: FLWSUPP 1902TROPInsurance — Personal injury protection — Examination under oath — Failure to attend — Attendance at EUO is not condition precedent to filing suit for PIP benefits — However, unreasonable failure to attend EUO is affirmative defense to prospective PIP benefits — Thirty-day claim investigation window during which EUOs must be scheduled is measured from date of insurer’s receipt of medical bills, not date of receipt of notice of accident — No merit to arguments that insured who is not policyholder has no duty to attend EUO or that insured’s failure to attend is immaterial to medical provider/assignee’s claim for benefits

19 Fla. L. Weekly Supp. 625a

Online Reference: FLWSUPP 1908ARRIInsurance — Personal injury protection — Examination under oath — Failure to attend — Attendance at EUO is not condition precedent to filing PIP suit for recovery of PIP benefits — Error to enter summary judgment in favor of insurer based on ground of unreasonable refusal to attend EUO that was not pled as affirmative defense

19 Fla. L. Weekly Supp. 83b

Online Reference: FLWSUPP 1902SMALInsurance — Personal injury protection — Examination under oath — EUO is not condition precedent to obtaining PIP benefits; it is condition subsequent, and failure to attend divests insured of future benefits — Because insurer did not plead affirmative defense of breach of condition subsequent, insurer is precluded from relying on defense before trial court — Even if insurer could amend pleadings to allege defense of breach of condition subsequent, defense is fatally flawed where requirement that insured submit to EUO without counsel renders EUO provision invalid — Trial court correctly granted insurer’s motion for summary judgment

19 Fla. L. Weekly Supp. 139a

Online Reference: FLWSUPP 1902LEMIInsurance — Personal injury protection — Disclosure and acknowledgment form — Signature of medical professional who rendered treatment is not element of notice of covered loss, and lack of signature on D&A form may be cured — Insurer who failed to notify medical provider of defect in D&A form is deemed to have waived objection to form — Evidence — Judicial notice — Request for judicial notice of exhibits filed with provider’s request for admissions already in court file is granted — Request for judicial notice of documents not previously filed with court but filed with Florida Office of Insurance Regulation is denied

19 Fla. L. Weekly Supp. 685a

Online Reference: FLWSUPP 1909MGARInsurance — Personal injury protection — Expert witnesses — Striking — Abuse of discretion to strike insurer’s two expert witnesses where medical provider received discovery as to both witnesses, and insurer’s delay in designating which expert would testify at trial did not prejudice provider

19 Fla. L. Weekly Supp. 229a

Online Reference: FLWSUPP 1904JAIMInsurance — Personal injury protection — Discovery — Admissions — Abuse of discretion to deny insurer’s request for relief from admissions where, although insurer lacked due diligence in seeking relief, record shows evidentiary conflict on admitted issue of medical necessity, and medical provider failed to show that it would be prejudiced if relief were granted since it had notice that insurer was contesting issue — Error to enter summary judgment in favor of provider where record was replete with evidence contrary to admissions, and there was genuine factual dispute

19 Fla. L. Weekly Supp. 207a

Online Reference: FLWSUPP 1903AZADInsurance — Personal injury protection — Demand letter — Insurer waived right to take issue with lack of specificity in demand letter by failing to advise medical provider of alleged defects in response to demand letter

19 Fla. L. Weekly Supp. 797a

Online Reference: FLWSUPP 1910MIDDInsurance — Personal injury protection — Demand letter — Rulings on motions for summary judgment and partial summary judgment regarding sufficiency of demand letter were premature where discovery revealed material issue of fact and future discovery might reveal further disputed issues of material fact regarding insurer’s alleged failure to include in demand letter explanations of benefits reflecting reduced payments made by insurer

19 Fla. L. Weekly Supp. 207b

Online Reference: FLWSUPP 1903PEREInsurance — Personal injury protection — Demand letter — Where medical provider attached itemized statement to demand letter that set forth name of provider that rendered treatment and each exact amount, date of treatment and type of benefit claimed to be due, demand letter was sufficient — Statute does not require that provider place PIP insurer on notice of exact amount owed or account for prior payments

19 Fla. L. Weekly Supp. 205a

Online Reference: FLWSUPP 1903VROSInsurance — Personal injury protection — Demand letter — Where medical provider attached itemized statement to demand letter that set forth name of provider that rendered treatment and each exact amount, date of treatment and type of benefit claimed to be due, demand letter was sufficient — Statute does not require that provider place PIP insurer on notice of exact amount owed or account for prior payments