Volume 27

27 Fla. L. Weekly Supp. 422a

Online Reference: FLWSUPP 2704CASHInsurance — Default — Vacation — Where insurer alleged that it failed to comply with order requiring response to complaint because deadline was not properly calendared due to “human error and administrative oversight” but failed to set forth facts explaining or justifying mistake or inadvertence, insurer failed to establish excusable neglect — Further, where 6 months elapsed between filing second motion to vacate default and hearing on motion, insurer has not established due diligence in seeking to set aside default — Motion to vacate is denied

27 Fla. L. Weekly Supp. 558a

Online Reference: FLWSUPP 2706JOHNInsurance — Discovery — Failure to comply with discovery and court orders — Sanctions — Striking of pleadings and entry of default judgment against insurer

27 Fla. L. Weekly Supp. 548a

Online Reference: FLWSUPP 2706SURIInsurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Insurer’s pleadings are stricken and default judgment is entered in favor of medical provider where insurer violated numerous discovery orders, was placed on notice of seriousness of violations by numerous motions for sanctions, was directly responsible for violations by in-house counsel, and has offered no reason for violations; provider was prejudiced by loss of evidence and loss of right to pursue other parties who were identified in belated discovery after statute of limitations for action against them had expired; and violations have hampered administration of justice

27 Fla. L. Weekly Supp. 546a

Online Reference: FLWSUPP 2706PERSInsurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Default — Where over course of more than seven years insurer has failed to comply with discovery rules and multiple court orders requiring discovery, insurer was unable to offer any credible explanation for continued failure to comply with orders, misconduct was not result of neglect or experience of attorney but is attributable to insurer’s disobedience, insurer has previously been sanctioned multiple times by courts, delay prejudiced medical provider by causing it to incur more attorney’s fees than claim itself, and delay has created significant problems of judicial administration, insurer’s pleadings are stricken and default judgment is entered against insurer

27 Fla. L. Weekly Supp. 908a

Online Reference: FLWSUPP 2710SERRInsurance — Personal injury protection — Coverage — Medical expenses — Where PIP policy provides that charge submitted for amount less than 200% of allowable amount under Medicare Part B fee schedule shall be paid in amount of charge submitted, insurer was required to pay entire amount of charges that were less than 200% of allowable amount under fee schedule, not 100% of those charges less 20% co-insurance obligation — Deductible — PIP statute requires that deductible be subtracted from total medical charges before applying permissive statutory fee schedule

27 Fla. L. Weekly Supp. 946b

Online Reference: FLWSUPP 2711DUMEInsurance — Personal injury protection — Coverage — Medical expenses — Deductible — Proper sequence

27 Fla. L. Weekly Supp. 178a

Online Reference: FLWSUPP 2702ROBEInsurance — Personal injury protection — Coverage — Emergency services — Deductible — Insurer improperly processed bill of emergency service provider prior to bills received previously from providers not within that classification and, consequently, wrongly applied deductible to emergency service provider’s bill — Insurer proved that insured elected deductible notwithstanding absence of signed deductible election form

27 Fla. L. Weekly Supp. 66b

Online Reference: FLWSUPP 2701JARVNOT FINAL VERSION OF OPINION
Subsequent Changes at 27 Fla. L. Weekly Supp. 389aInsurance — Personal injury protection — Coverage — Emergency services — Deductible — Insurer correctly prioritized bill submitted by emergency services provider within 30-day reserve period for bills from such priority providers and, as a result, paid bill out-of-order of receipt; and if deductible was actually elected, insurer properly applied deductible to plaintiff’s bills

27 Fla. L. Weekly Supp. 536a

Online Reference: FLWSUPP 2706MOREInsurance — Personal injury protection — Coverage — Medical expenses — Deductible — Standing — Medical provider whose initial gross bill failed to satisfy PIP deductible lacks standing to seek declaration that insurer improperly reduced its bill prior to application of deductible or to allege that reduction breached contract

27 Fla. L. Weekly Supp. 1053a

Online Reference: FLWSUPP 2712MCDOInsurance — Personal injury protection — Coverage — Deductible — Where medical provider’s bill fell within deductible, irrespective of whether insurer reduced bills by application of statutory fee schedule prior to applying resulting sum to deductible or applied total bill to deductible, provider was not damaged by insurer’s initial erroneous calculation of amount to be applied to deductible