Volume 9

9 Fla. L. Weekly Supp. 723c

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Medical expert’s representation that $500 is his hourly rate for giving deposition testimony is accepted — Insured is to bring payment for expert’s fee to deposition and tender payment immediately preceding deposition — Expert is not entitled to payment for time spent preparing for deposition

9 Fla. L. Weekly Supp. 141a

Insurance — Discovery — Depositions — Expert witness fee set

9 Fla. L. Weekly Supp. 196b

Insurance — Discovery — Depositions — Expert witness fee — Medical providers whose qualifications fulfill the requirements of rule 1.390 are entitled to receive expert witness fee for deposition testimony regarding the medical care and treatment provided to insured — Billing clerk and medical assistant will not receive expert witness fee for deposition testimony

9 Fla. L. Weekly Supp. 880a

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Medical provider who accepted an assignment of benefits from insured is entitled to expert witness fee for his deposition

9 Fla. L. Weekly Supp. 118c

Insurance — Default judgment — Amendment — Prejudgment interest — Motion to amend final default judgment to reflect interest as calculated by subrogee insurance company denied — Subrogee is entitled to prejudgment interest at statutory rate, but that interest should be calculated from date of first claim made to date of judgment — When applying equitable considerations to facts of case it would be inequitable to allow subrogee to recover prejudgment interest prior to time of first claim made for repayment of loss, even in the matter of a default, where complaint demands “prejudgment interest if applicable,” implying that interest may not be due at all, and without reference to amount or date from which interest will be demanded, thereby failing to put defendant on notice that interest would be awarded, for what period of time and at what rate

9 Fla. L. Weekly Supp. 465a

Insurance — Class actions — First count of complaint does not state cause of action for declaratory relief where it seeks to have court try disputed issues of material fact concerning appropriate mileage rate for transportation incurred in connection with medical treatment — Under doctrine of primary jurisdiction, court should refrain from exercising jurisdiction over issue until administrative agency with special competence has ruled on issue — Contradictory allegations within second count seeking damages renders that count insufficient on its face — Both counts dismissed with leave to amend second count

9 Fla. L. Weekly Supp. 111a

Insurance — Verdict — Reduction — Collateral source — Where high-low agreement between parties is silent as to issues such as set off for collateral sources and costs, despite fact that counsel for insurer argued before court at time of settlement that settlement would include “costs and everything,” insurer is entitled to a set off for collateral source payments paid to plaintiff

9 Fla. L. Weekly Supp. 558c

Insurance — Personal injury protection — Attorneys — Disqualification — Conflict of interest — Motion to disqualify attorney who worked for insurer in nonattorney claims litigation specialist position and is now employed by law firm from cases in which attorney directly worked on file or those which involve software purchased by insurer to determine usual, customary, and reasonable charge reductions or contract with certain PPO provider — Where there is no evidence offered to show that attorney had any involvement or input into software program or PPO contract, or any actual knowledge of material confidential information that would give him an unfair advantage in any cases, there is conflict between attorney and law firm only in handling cases in which attorney was actual adjuster — Insurer waived any conflict in case where the only evidence that attorney worked on case is attorney’s initials yielded by computer search of files, evidence shows attorney’s initials showed up on files long after he left insurer’s employ and in cases in which attorney could not have been involved, insurer’s claim that attorney worked on file was not disclosed to law firm for seventeen months, insurer has given no legitimate reason for delay in bringing motion to disqualify, and insurer has taken inconsistent positions regarding conflict, including proceeding with litigation and settling directly with attorney in some cases — Motion to disqualify denied

9 Fla. L. Weekly Supp. 629c

Insurance — Personal injury protection — Attorneys — Disqualification — Conflict of interest — Motion to disqualify attorney for medical provider on ground that one of lawyers with plaintiff’s firm formerly worked for insurer is denied where provider’s attorney did not have prior attorney-client relationship with insurer, attorney did not work on case at bar when employed by insurer, beyond similarity of all PIP cases there has been no showing of substantial relationship between case at bar and any case in which attorney was involved while employed by insurer such as to give medical provider an unfair advantage, and confidential information to which insurer claims attorney had access is identified only as “when we settle and when we don’t”

9 Fla. L. Weekly Supp. 305a

Insurance — Discovery — Compulsory examination of persons — Conditions for examination set