Volume 27

27 Fla. L. Weekly Supp. 408b

Online Reference: FLWSUPP 2704LANGInsurance — Declaratory judgments — Motion to dismiss action seeking coverage declaration, alleging failure to state cause of action and lack of standing by insured, who has assigned benefits to medical providers, is denied — Discovery — Insurer that failed to timely respond to discovery requests has waived all objections except privilege

27 Fla. L. Weekly Supp. 90a

Online Reference: FLWSUPP 2613DARDInsurance — Coverage — Conditions precedent — Compulsory medical examination — Where insurer repudiated insurance policy by suspending insured’s benefits, insured has no duty to attend CME

27 Fla. L. Weekly Supp. 330a

Online Reference: FLWSUPP 2703SANTInsurance — Personal injury protection — Costs associated with requesst made pursuant to section 627.736(6)(b)

27 Fla. L. Weekly Supp. 892a

Online Reference: FLWSUPP 2710MRODInsurance — Personal injury protection — Confession of judgment — Validity — Confession of judgment is invalid for failing to indicate exact amount of PIP benefits and statutory interest for which insurer is confessing

27 Fla. L. Weekly Supp. 202a

Online Reference: FLWSUPP 2702CRUZInsurance — Personal injury protection — Where medical provider filed complaint seeking damages with maximum jurisdictional amount not to exceed $500, and insurer thereafter filed confession of judgment to maximum jurisdictional amount and stipulated to provider’s entitlement to reasonable attorney’s fees, insurer made valid confession of judgment and court lacks jurisdiction to consider amended complaint seeking additional damages

27 Fla. L. Weekly Supp. 283a

Online Reference: FLWSUPP 2703MEDIInsurance — New trial is required where physician who performed compulsory medical examination intentionally made highly prejudicial remarks impugning integrity of plaintiff’s counsel and violated order prohibiting him from criticizing plaintiff’s treating physicians when he testified that treating physician erred in reading scan — Defense counsel’s questioning of plaintiff about whether she retained a lawyer before she sought medical treatment and closing argument commenting on insurer’s wealth and ability to pay money also warrant new trial

27 Fla. L. Weekly Supp. 198a

Online Reference: FLWSUPP 2702IMPEInsurance — Sanctions imposed on medical provider where provider failed to comply with court order requiring it to serve amended complaint naming correct insurer and improperly obtained order granting leave to belatedly comply with order requiring service of amended complaint through ex parte motion that was heard without notice to insurer

27 Fla. L. Weekly Supp. 1036b

Online Reference: FLWSUPP 2712MASSInsurance — Complaint — Amendment — Where insurer confessed judgment based on jurisdictional limits in original complaint, court lacks jurisdiction to grant medical provider’s motion to amend complaint to increase amount in controversy

27 Fla. L. Weekly Supp. 1031a

Online Reference: FLWSUPP 2712LICHInsurance — Complaint — Amendment — Where insurer confessed judgment based on amount sought in original complaint and plaintiff accepted the confession of judgment by cashing the check, matter was settled, leaving nothing left for court to determine other than reasonable attorney’s fees and costs — Medical provider’s motion to amend complaint is denied

27 Fla. L. Weekly Supp. 913a

Online Reference: FLWSUPP 2710JONGInsurance — Complaint — Amendment — Motion to amend complaint to allege higher jurisdictional amount after insurer confessed judgment for minimal jurisdictional amount alleged in original complaint and first amended complaint is denied — Amendment would prejudice insurer