Insurance -- Personal injury protection -- Coverage -- Medical payment benefits -- Examination under oath -- Insurer was not obligated to pay any outstanding Med Pay benefits under insurance policy where insureds refused to perform a condition precedent to insurer's duty to provide coverage -- Where insurance policy contains express provision stating that insurer has “no duty to provide coverage . . . unless there has been full compliance” with examination under oath requirement, insureds' failure to submit to EUOs was a material breach of a condition precedent to insurer's duty to provide coverage under policy -- Trial court erred in determining that insurer had a duty to pay Med Pay benefits for treatment occurring prior to date trial court found the breach occurred, but did not err in determining that insurer had no duty to pay benefits occurring after date trial court found the breach occurred -- Argument that insurer waived any denial of benefits prior to date of breach by paying some benefits before it requested the EUOs was not preserved for appellate review -- Insurer did not breach any contractual provisions by suspending benefits until insureds submitted to EUOs requested     Reported at 32 Fla. L. Weekly D2907a

Torts -- Medical malpractice -- Pre-suit investigation -- Duty of care -- Action against ophthalmologist who consulted by telephone with emergency room physician and gave allegedly negligent advice regarding treatment of plaintiff -- Error to enter summary judgment for defendant on ground that there was no corroboration of reasonable grounds to support claim of defendant's medical negligence because corroborating affidavit did not mention defendant by name or otherwise -- Error to enter summary judgment for defendant on ground that defendant owed no legal duty to plaintiff -- In finding that defendant owed no legal duty to plaintiff, court gave restrictive interpretation to requirement that physician-patient relationship required privity     Reported at 32 Fla. L. Weekly D2899a
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