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18 Fla. L. Weekly Supp. 612b

Online Reference: FLWSUPP 1807MART

Insurance — Personal injury protection — Declaratory actions — Motion to dismiss complaint for declaratory judgment because it should be framed as PIP breach of contract claim and fails to allege compliance with demand letter condition precedent is denied

18 Fla. L. Weekly Supp. 903c

Online Reference: FLWSUPP 1809BENJ

Insurance — Personal injury protection — Declaratory judgment — Standing — Insureds have right to seek declaratory judgment regarding their rights and benefits under PIP policy irrespective of assignments executed in favor of medical providers

18 Fla. L. Weekly Supp. 1167a

Online Reference: FLWSUPP 1811ARTI

Insurance — Declaratory judgment — Case or controversy — Medical provider need not seek monetary damages in order to pursue declaratory relief as to amount of benefits recoverable

18 Fla. L. Weekly Supp. 901b

Online Reference: FLWSUPP 1809WALK

Insurance — Personal injury protection — Declaratory judgment — Coverage — Exhaustion of PIP policy limits renders action for declaratory relief regarding appropriateness of insurer’s reduction of claim moot

18 Fla. L. Weekly Supp. 229a

Online Reference: FLWSUPP 1802RIVE

Insurance — Personal injury protection — Declaratory action is appropriate vehicle for relief in PIP matter — Medical provider/assignee can bring declaratory relief action — Possibility that standard PIP action might follow declaratory action does not make dismissal of declaratory action appropriate, although it may be basis to dismiss subsequent suit — Motion to dismiss is denied

18 Fla. L. Weekly Supp. 1139a

Online Reference: FLWSUPP 1811CHAR

Insurance — Personal injury protection — Declaratory judgment — Demand letter — Presuit demand letter was required prior to filing declaratory judgment action requesting payment of benefits — Where insured did not serve any demand letter, court need not determine whether 2008 PIP statute’s requirement of 30-day demand letter has retroactive application — Demand letter served after filing suit does not cure defect — Insurer’s motion for summary judgment is granted

18 Fla. L. Weekly Supp. 701b

Online Reference: FLWSUPP 1808GUER

Insurance — Declaratory judgments — Motion for more definite statement as to petition seeking coverage declaration is denied — Discovery — Treating physician and medical provider’s billing and records custodian are not required to appear for depositions — Insurer may depose provider’s corporate representative with most knowledge — Where insurer filed motion seeking protection from provider’s request for deposition but failed to set motion for hearing prior to not appearing for deposition, sanctions are imposed

18 Fla. L. Weekly Supp. 956a

Online Reference: FLWSUPP 1810MORE

Insurance — Personal injury protection — Declaratory judgment — Insured may pursue declaratory judgment action to determine pure question of fact — However, declaratory judgment action determining insured’s right to reimbursement for unpaid medical bills is improper where no bona fide controversy exists since insured has never received bill from medical provider, provider has been administratively dissolved, and statute of limitations for any action by provider against insured or insurer has lapsed

18 Fla. L. Weekly Supp. 1203a

Online Reference: FLWSUPP 1811ANDE

Insurance — Costs — Appellate

18 Fla. L. Weekly Supp. 870a

Online Reference: FLWSUPP 1809GRAH

Insurance — Commercial general liability insurer of general contractor had duty to defend contractor in action brought by current owner of apartment project constructed by contractor and subcontractors for property damage caused by latent construction defects where complaint in underlying action gave rise to at least potential that covered property damage actually occurred during policy period, and allegations of complaint did not completely and entirely fall under any policy exclusion — Insurer’s duty to indemnify extends to work of subcontractors that resulted in covered property damage occurring after construction operations were complete unless insurer can prove that one or more policy exclusions bars coverage