Volume 21

21 Fla. L. Weekly Supp. 977a

Online Reference: FLWSUPP 2109FERNInsurance — Personal injury protection — Attorney’s fees — Discovery — Depositions — Failure to attend — Sanctions — Where medical provider’s representative failed to attend deposition in aid of execution of final judgment for attorney’s fees and costs, representative is ordered to appear for deposition, complete fact information sheet, and pay costs incurred due to his failure to appear — Representative’s failure to stay in contact with his attorney does not negate his responsibility to appear for deposition

21 Fla. L. Weekly Supp. 677d

Online Reference: FLWSUPP 2107FOLKInsurance — Discovery — Depositions — Expert witness fee — Treating physician is entitled to expert witness fee for his deposition testimony

21 Fla. L. Weekly Supp. 692a

Online Reference: FLWSUPP 2107NAVAInsurance — Default — Vacation — Due diligence — Where motion to vacate default was filed more than three months after insurer’s counsel was aware of default and more than two months after attorney was assigned to draft motion, insurer did not act with due diligence in seeking relief from default — Fact that motion for default and default were served on insurer directly, rather than on its counsel, does not render default void and subject to attack at any time where insurer delayed seeking relief for months after its counsel learned of default — Motion to vacate denied

21 Fla. L. Weekly Supp. 33a

Online Reference: FLWSUPP 2101ORTIInsurance — Personal injury protection — Continuance — Denial — Abuse of discretion to deny continuance requested by insurer to allow medical expert to testify where expert’s testimony would have been favorable to insurer on only disputed issue, insurer was diligent in attempting to secure attendance of witness by service of subpoena and oral confirmation of witness’s availability, and insurer represented that witness was available to testify on next day

21 Fla. L. Weekly Supp. 976a

Online Reference: FLWSUPP 2109DIKEInsurance — Confession of judgment — Where, despite sending demand letter demanding payment of $12,950, provider filed jurisdictional statement stating claim did not exceed $99.99 in order to pay lowest available filing fee, and insurer thereafter tendered $99.99 to provider and filed confession of judgment, insurer made valid confession of judgment — Provider’s objection to confession of judgment is overruled, and motion to amend complaint to increase amount at issue is denied — Provider’s strategic decision to claim that lesser amount was in issue is not tantamount to fraud or sham

21 Fla. L. Weekly Supp. 781a

Online Reference: FLWSUPP 2108NORGInsurance — Complaint — Amendment — Motion to amend complaint to add claims for first party bad faith and declaratory judgment is granted

21 Fla. L. Weekly Supp. 935a

Online Reference: FLWSUPP 2109RILEInsurance — Complaint — Amendment — Motion for leave to amend complaint to reflect entirely different party is denied

21 Fla. L. Weekly Supp. 419a

Online Reference: FLWSUPP 2105MEZAInsurance — Uninsured motorist — Complaint — Amendment — Motion to amend complaint to add count for bad faith handling of UM claim and action for declaratory judgment seeking to establish plaintiff’s total damages arising from accident is granted, but bad faith claim is stayed until underlying UM claim has been resolved

21 Fla. L. Weekly Supp. 130b

Online Reference: FLWSUPP 2102TATUInsurance — Automobile — Ambiguity in policy’s out-of-state coverage clause is construed against insurer and in favor of coverage

21 Fla. L. Weekly Supp. 91a

Online Reference: FLWSUPP 2101PEDRInsurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Where insurer withdrew proposal for settlement within seven days of offering proposal, proposal was void, and order finding entitlement to attorney’s fees pursuant to void proposal is also void — Motion for reconsideration filed 21 months after entry of void judgment was timely filed — Insurer remains entitled to cost judgment