Volume 10

10 Fla. L. Weekly Supp. 119b

Insurance — Personal injury protection — Settlement — Enforcement — Where letters between inured’s counsel and her personal injury attorney evince reliance on terms of settlement which does not include any terms of release, and letters between insured’s counsel and insurer’s counsel reflect that a release was not part of the settlement agreement, settlement is enforceable without release — Insurer owes penalty interest from twenty days after date of confirmed settlement agreement

10 Fla. L. Weekly Supp. 477d

Insurance — Personal injury protection — Reimbursement by insurer of commercial vehicle — Where insured of PIP carrier was injured in accident while driving sedan owned by his employer and insured through commercial motor vehicle policy, PIP carrier was not entitled to reimbursement of PIP benefits paid pursuant to section 627.7405, which allows for reimbursement to PIP carriers of private passenger vehicles by insurer of commercial motor vehicles involved in an accident — Under statutory definition, sedan is private passenger vehicle regardless of use

10 Fla. L. Weekly Supp. 1017a

Insurance — Personal injury protection — Workers’ compensation — Insurer’s action against employer of insured for reimbursement of PIP benefits paid to employee injured in automobile accident while driving employer’s vehicle in the course of employment — Workers’ compensation coverage does not immunize employer against statutory liability under section 627.7405 for reimbursement of PIP benefits paid to employee — Section 627.7405 does not violate employer’s constitutional rights by allowing insurer to recover from employer PIP benefits paid to employee without regard to fault of employer — Insurer did not fail to state cause of action by failing to attach copy of PIP policy to complaint where action is not based on provisions of policy but on statute allowing reimbursement for benefits paid under policy — Judgment entered in favor of insurer — Questions certified

10 Fla. L. Weekly Supp. 592b

Insurance — Personal injury protection — Civil procedure — Sanctions — Challenge to order striking pleadings as sanction for fraud on court — Where claimant swore he resided at his mother’s address in one affidavit and that he resided with his grandmother in a second affidavit, there is no evidence that claimant knew either address might cause disqualification of benefits, and claimant alleges using grandmother’s address for “important mail,” insurer failed to show gross misrepresentation — Abuse of discretion to strike claimant’s pleadings

10 Fla. L. Weekly Supp. 44a

Insurance — Personal injury protection — Insured’s action against insurer — Claim form — Insured’s itemized statement for medical treatment and letter to insurer failed to meet clear requirement of section 627.736(5)(e) to submit statements and bills for medical services on a HCFA 500 Form — Insured’s motion for summary judgment denied

10 Fla. L. Weekly Supp. 564b

Insurance — Personal injury protection — Fee schedule — Magnetic resonance imaging — Revised MRI fee schedule set in Section 627.736(5)(b)(5) became effective when signed into law — Summary judgment entered in favor of insurer that paid amounts set by statute for MRI performed after effective date of statute — Civil procedure — Amended complaint filed without leave of court after defendant had filed responsive pleading is stricken

10 Fla. L. Weekly Supp. 979a

Insurance — Personal injury protection — Medical bills — Timeliness — Where sixtieth day after treatment was a Saturday, sixty-day period for submission of bill to insurer was extended by rule 1.090, and medical provider’s bill postmarked on following Monday was timely submitted

10 Fla. L. Weekly Supp. 920a

Insurance — Personal injury protection — Examination under oath — Motion for protective order to prevent insurer from taking EUO of passenger in insured’s vehicle after filing of PIP suit is denied — No merit to argument that EUO is improper once suit is filed where insurance policy does not provide any time frame within which insurer waives right to request EUO, and requirement to submit to EUO remains material term of policy even after suit is filed — Taking of deposition does not constitute substantial compliance with policy condition requiring submission of all insureds to EUO

10 Fla. L. Weekly Supp. 919a

Insurance — Personal injury protection — Examination under oath — Motion for protective order to prevent insurer from taking EUO of insured after filing of PIP suit is denied — No merit to argument that EUO is improper once suit is filed where insurance policy does not provide any time frame within which insurer waives right to request EUO, and requirement to submit to EUO remains material term of policy even after suit is filed — Taking of deposition does not constitute substantial compliance with policy condition requiring submission to EUO

10 Fla. L. Weekly Supp. 926c

Insurance — Personal injury protection — Demand for escrow or reservation of PIP benefits is stricken — Section 627.736 does not make any provision for a plaintiff to demand escrow or reservation of PIP benefits pending resolution of any dispute