Volume 10

10 Fla. L. Weekly Supp. 834a

Insurance — Personal injury protection — Coverage — Exhaustion of benefits — Evidence — Hearsay — Exceptions — Business records — Affidavit of adjuster other than original adjuster assigned to file, as records custodian, falls within business records exception to hearsay rule — There is no language in PIP statute requiring escrow of benefits

10 Fla. L. Weekly Supp. 833b

Insurance — Personal injury protection — Demand for escrow of disputed policy benefits is available mechanism for policy holder or assignee to reserve disputed benefits in the eventuality that benefits are exhausted — Motion to strike demand for escrow denied

10 Fla. L. Weekly Supp. 833a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 11 Fla. L. Weekly Supp. 248a

Insurance — Personal injury protection — Demand for escrow of disputed policy benefits is available mechanism for policy holder or assignee to reserve disputed benefits in the eventuality that benefits are exhausted — Motion to strike demand for escrow denied

10 Fla. L. Weekly Supp. 124b

Insurance — Personal injury protection — Coverage — Exhaustion of benefits — Insurer’s motion for summary judgment based on exhaustion of benefits denied where there were sufficient funds to pay full amount of medical provider’s bill at time it was submitted

10 Fla. L. Weekly Supp. 120a

Insurance — Personal injury protection — Coverage — Exhaustion of benefits — Action for balance of partially paid bills where policy limits have been exhausted by payment of subsequent claims — Where medical provider did not request insurer to escrow or reserve unpaid amount, and insurer did not receive actual or constructive notice of suit for unpaid portions of bills until after exhaustion of policy limits, summary judgment is granted in favor of insurer

10 Fla. L. Weekly Supp. 111b

Insurance — Personal injury protection — Coverage — Exhaustion of benefits

10 Fla. L. Weekly Supp. 934a

Insurance — Personal injury protection — Provider who was paid less than total amount billed and disputes the amount paid is not required to put insurance company on notice so that it may put funds in reserve — Factual issue regarding whether insurer paid provider the proper amount for services provided precludes summary judgment — Defendant’s motion for summary judgment denied

10 Fla. L. Weekly Supp. 15c

Insurance — Personal injury protection — Summary judgment holding that insurer was barred from contesting claim by failure to present reasonable proof within thirty days after receipt of notice of bill is reversed based on contrary dispositive appellate opinion

10 Fla. L. Weekly Supp. 914b

Insurance — Personal injury protection — Coverage — Insured’s action to recover additional benefits after exhaustion of policy limits on theory that incident in which insured’s vehicle was struck and, in turn, struck another vehicle was two accidents — Where insured’s vehicle was struck by another vehicle, and impact caused insured’s vehicle to rotate and strike third vehicle such that no time or distance separated impacts, insured was involved in multiple impacts as a result of single accident — Summary judgment granted in favor of insurer

10 Fla. L. Weekly Supp. 921b

Insurance — Personal injury protection — Coverage — Summary judgment is granted in favor of insurer where insurer applied medical provider’s bill to deductible which had not been met at time bill was submitted — Filing suit following original submission of bill and subsequent to deductible having been met does not entitle medical provider to recover under benefits portion of policy