Volume 26

26 Fla. L. Weekly Supp. 771a

Online Reference: FLWSUPP 2609FAIFInsurance — Personal injury protection — Discovery — Depositions — Treating physician is entitled to expert witness fee for deposition testimony — Failure to appear — Sanctions — Medical provider is entitled to attorney’s fees and court reporting costs where insurer’s corporate representative failed to appear for deposition or file motion for protective order

26 Fla. L. Weekly Supp. 654a

Online Reference: FLWSUPP 2608NGINCivil procedure — Expert witness — Fees — Treating physician is entitled to reasonable expert witness fee pursuant to rule 1.390 — Fact that witness was treating physician does not render him a fact witness

26 Fla. L. Weekly Supp. 55a

Online Reference: FLWSUPP 2601ABERInsurance — Personal injury protection — Default — Excusable neglect — Due diligence — Motion to vacate default final judgment is denied where affidavit filed in support of motion fails to set forth facts explaining or justifying the mistake or inadvertence that was responsible for 9-month delay between service of process and assignment of case and 5-month delay between entry of default judgment and assignment of case

26 Fla. L. Weekly Supp. 675a

Online Reference: FLWSUPP 2608DORInsurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Striking of insurer’s pleadings is warranted as sanction for failing to respond to expert discovery and comply with court orders compelling responses where insurer’s attorneys have been previously sanctioned, insurer was directly involved in disobedience, medical provider was prejudiced by delay, insurer was unable to articulate any sufficient justification for noncompliance, and delay created significant problems in judicial administration — Default entered

26 Fla. L. Weekly Supp. 411a

Online Reference: FLWSUPP 2605PRESInsurance — Personal injury protection — Unpled issues — Insurer’s motion to strike issue not pled by medical provider is granted where sole issue raised by pleadings in PIP action was sufficiency of policy’s notice of election of statutory fee schedules, and provider only raised issue regarding deductible after Florida Supreme Court ruled in favor of insurer on notice issue in another case

26 Fla. L. Weekly Supp. 657a

Online Reference: FLWSUPP 2608WOODInsurance — Personal injury protection — Coverage — Emergency services — Deductible — Where there is no evidence that named insured elected deductible, claims should not have been subject to deductible — Insurer was required to hold in reserve beyond 30 days that portion of emergency provider’s claim that was disputed and remained unpaid at end of 30-day period — Exhaustion of benefits is not defense to payment of disputed portion of emergency provider’s claim

26 Fla. L. Weekly Supp. 510a

Online Reference: FLWSUPP 2606PORFInsurance — Personal injury protection — Coverage — Deductible — Insurer is required to apply deductible to 100% of insured’s expenses and losses prior to applying permissive statutory fee schedule

26 Fla. L. Weekly Supp. 334a

Online Reference: FLWSUPP 2604GOODInsurance — Personal injury protection — Coverage — Medical expenses — Deductible — Insurer properly reduced medical provider’s charges by application of statutory fee schedule before applying deductible

26 Fla. L. Weekly Supp. 124a

Online Reference: FLWSUPP 2602FREMInsurance — Personal injury protection — Deductible — Statute requires that deductible be applied to 100 percent of reasonable expenses — Insurer properly applied deductible to amount calculated pursuant to statutory fee schedules, rather than to total amount billed by provider — Question certified: Pursuant to sections 627.736 and 627.739, Florida Statutes (2010), is an insurer required to apply a policy deductible to the total amount of a provider’s invoices to an insurer prior to applying any fee schedule found in § 627.736?

26 Fla. L. Weekly Supp. 611a

Online Reference: FLWSUPP 2608RIVEInsurance — Personal injury protection — Benefits — Deductible — Section 627.739(2) requires that deductible be applied to 100% of expenses and losses before reducing amount paid pursuant to statutory reimbursement limitation