Volume 22

22 Fla. L. Weekly Supp. 124a

Online Reference: FLWSUPP 2201STATInsurance — Personal injury protection — Reimbursement — Schools — Sovereign immunity — Final judgment is rendered in favor of school board in action by PIP carrier against board for reimbursement of PIP benefits paid for injuries incurred while insured was occupant of school bus — Section 627.7405 does not waive school board’s sovereign immunity

22 Fla. L. Weekly Supp. 282a

Online Reference: FLWSUPP 2202JECRInsurance — Personal injury protection — Notice of loss — Claim form marked to indicate that MRI service was not related to automobile accident did not provide notice of covered loss — Insurer’s motion for summary judgment is granted

22 Fla. L. Weekly Supp. 966a

Online Reference: FLWSUPP 2208HORNInsurance — Personal injury protection — Venue — Forum non conveniens — Where all aspects of PIP case occurred in, and all witnesses except medical provider’s director of billing are located in Pinellas County, and only link to Broward County is location of provider’s attorney, motion to transfer venue from Broward County to Pinellas County is granted

22 Fla. L. Weekly Supp. 153a

Online Reference: FLWSUPP 2201DETTInsurance — Personal injury protection — Trial — Bifurcation of non-intertwined issues of whether MRI was medically necessary and related to accident and whether charge was reasonable

22 Fla. L. Weekly Supp. 136a

Online Reference: FLWSUPP 2201BATAInsurance — Personal injury protection — Dismissal — Where medical provider failed to comply with order to obtain replacement counsel within 30 days of withdrawal of its former counsel, insurer’s motion to dismiss complaint for lack of representation is granted

22 Fla. L. Weekly Supp. 681a

Online Reference: FLWSUPP 2206CRUZInsurance — Personal injury protection — Independent medical examination — Failure to attend — Error to enter summary judgment in favor of insurer based on IME no-show defense where there is disputed evidence as to whether insured received and was able to understand IME notices

22 Fla. L. Weekly Supp. 324a

Online Reference: FLWSUPP 2203SPIKInsurance — Personal injury protection — Expert witnesses — Striking — Abuse of discretion to strike insurer’s expert witness for failure to comply with subpoena duces tecum for voluminous medical records of non-parties and expert’s financial documents that was served two days prior to trial — Further, non-parties’ medical records were not subject to production absent provision of statutorily required notice to non-parties — New trial required

22 Fla. L. Weekly Supp. 733a

Online Reference: FLWSUPP 2206FLORInsurance — Personal injury protection — Discovery — Depositions — Where insurer utilized permissive statutory fee schedule to calculate reimbursement rate although policy is devoid of any provision electing to use fee schedule to calculate reimbursement rate, insurer unilaterally determined “reasonableness” and deposition of medical provider on issue of reasonableness is not relevant or necessary — Protective order is granted

22 Fla. L. Weekly Supp. 1089c

Online Reference: FLWSUPP 2209NOLAInsurance — Discovery — Reasonableness of charges

22 Fla. L. Weekly Supp. 608a

Online Reference: FLWSUPP 2205KINGInsurance — Personal injury protection — Discovery — Depositions — Scope of inquiry regarding reasonableness of charges at deposition of insurer’s corporate representative