Florida's Recent News

18 Fla. L. Weekly Supp. 494a

Online Reference: FLWSUPP 1805LABA

Insurance — Personal injury protection — Coverage — Medical benefits — Standing — Assignment — Language of assignment was legally sufficient to convey standing on provider to file suit for PIP benefits

18 Fla. L. Weekly Supp. 615b

Online Reference: FLWSUPP 1807FIEL

Insurance — Personal injury protection — Standing — Dispute between insured and insurer — Where insured had assigned benefits to two medical providers at time that he filed suit for unpaid PIP benefits, insured did not have standing when suit was filed — Insured’s lack of standing could not be cured by providers’ revocation of assignments after suit was filed

18 Fla. L. Weekly Supp. 1168a

Online Reference: FLWSUPP 1811BART

Insurance — Personal injury protection — Arbitration — Where parties did not request trial de novo within deadline for such request, trial court must enter judgment in accordance with arbitrator’s decision — Five-day mailing period is not applicable to filing of requests for trial de novo where arbitrator served decision by fax — Decision clearly reflects that arbitrator considered parties’ arguments and evidence

18 Fla. L. Weekly Supp. 1138a

Online Reference: FLWSUPP 1811BUER

Insurance — Declaratory action — Insurer is entitled to examination under oath during appraisal process

18 Fla. L. Weekly Supp. 961a

Online Reference: FLWSUPP 1810MART

Insurance — Personal injury protection — Application — Misrepresentations — No error in entering summary judgment in favor of insurer that voided policy where it is undisputed that driver seeking PIP benefits is under-21 child of insured, that insured made material misrepresentation on application for policy by failing to list child, and that had insurer known of under-21 child driver it would have charged increased premium or refused to issue policy

18 Fla. L. Weekly Supp. 21b

Online Reference: FLWSUPP 1801BLAN

Insurance — Personal injury protection — Appeals — Appellate court can and must address issue of its jurisdiction at any time — Order granting medical provider’s motion for partial summary judgment on defense of failure to attend examination under oath, without entry of final summary judgment or ending trial court’s judicial labors in case, is not appealable final order — Circuit court lacks jurisdiction to treat appeal of order as petition for writ of common law certiorari — Even if court had statutorily authorized certiorari review jurisdiction, it does not choose to exercise that discretion in this case where insurer has failed to demonstrate that it lacks adequate remedy by appeal if it suffers adverse final judgment — Certiorari also will not lie to review order denying insurer’s motion for summary judgment on EUO no show issue — Appellate attorney’s fees awarded

18 Fla. L. Weekly Supp. 32a

Online Reference: FLWSUPP 1801UBED

Insurance — Personal injury protection — Appeals — Mandate is recalled where previous opinion relied on now-quashed case — Demand letter — Premature demand letter sent before claim became overdue is deficiency that could be cured by sending second demand letter while suit was pending — Premature demand letter is not deficiency that requires abatement or voluntary dismissal and refiling of action to cure

18 Fla. L. Weekly Supp. 146a

Online Reference: FLWSUPP 1802MARQ

Insurance — Personal injury protection — Appeals — Motion to recall mandate is granted where motion was filed within same term opinion was issued — Examination under oath — Failure to attend — No error in finding that insured did not unreasonably refuse to attend EUO where, although insured was represented by counsel, insurer provided EUO notice to insured and partial EUO notice faxed to counsel was defective for failing to state consequences of nonattendance — Trial court erred in striking peer review because it was not obtained before suit was filed and was not based on independent medical examination

18 Fla. L. Weekly Supp. 758a

Online Reference: FLWSUPP 1809DONA

Insurance — Personal injury protection — Coverage — Medical expenses — Reasonable, related and necessary treatment — Directed verdict — Error to deny medical provider’s motion for directed verdict on issue of medical necessity of treatment where provider presented expert testimony that treatment was necessary, insurer did not present countervailing expert testimony, and insurer did not severely impeach provider’s expert with second medical report that differed in what expert termed “minutia” — Appellate court is unable to review trial court’s denial of directed verdict in favor of provider on issue of reasonableness of bills where pertinent portions of transcript have not been included in record — However, where jury failed to reach issue of reasonableness, case is remanded for factual determination on issue

18 Fla. L. Weekly Supp. 564a

Online Reference: FLWSUPP 1807HALL

Insurance — Personal injury protection — Appeals — Briefs — In appeal concerning whether medical fee schedules in PIP statute reenacted in 2008 after sunsetting of statute are permissive or mandatory, motion to strike appendix to initial brief which contains governor’s veto message explaining reasons for rejection of 2006 attempt to reenact sunsetted law that was not part of record before trial court and references to veto message in brief is denied where veto message is part of legislative history that can be reviewed de novo on appeal

18 Fla. L. Weekly Supp. 503a

Online Reference: FLWSUPP 1806GONZ

Insurance — Personal injury protection — Appeals — Appendix — Extra-record documents — Inclusion in appendix to initial appellate brief of Governor’s veto message, in which then-Governor Bush explained his reasons for vetoing legislature’s attempt to re-enact sunsetted PIP law, and reference to this message in initial brief is not such an egregious or flagrant violation of rules of appellate procedure as to warrant striking of appendix or references thereto, especially where trial court’s ruling concerns pure question of law, an issue of statutory construction, and is subject to de novo review on appeal

18 Fla. L. Weekly Supp. 29b

Online Reference: FLWSUPP 1801COL2

Insurance — Personal injury protection — Admissions — Trial court abused its discretion in not granting insurer relief from admissions to assert that its policy did not cover injuries of passenger who is owner of vehicle with respect to which security is required under Florida No-Fault Law where motion to withdraw admissions was timely filed prior to trial court granting summary judgment, granting motion will facilitate presenting merits of case, and medical provider did not establish that it would be prejudiced in presenting its suit — Affirmative defenses — Abuse of discretion to deny motion to amend answer and affirmative defenses where amendment would not introduce new cause of action — Abuse of discretion to deny insurer’s request to amend interrogatory responses where leave of court is not required to amend interrogatory responses