Volume 11

11 Fla. L. Weekly Supp. 439a

Insurance — Personal injury protection — Coverage — Medical expenses — Lawfully rendered treatment — It is not unlawful for provider/assignee providing technical component of magnetic resonance imaging to contract with radiologist as independent contractor to provide professional component of MRI and to globally bill insurer for both technical and professional components — Statute prohibiting kickbacks and split fee arrangements does not prohibit payment of independent contractor to provide professional component, and recent legislation provides evidence that hiring independent contractor as interpreting radiologist and global billing are approved

11 Fla. L. Weekly Supp. 49c

Insurance — Personal injury protection — Claim for magnetic resonance imaging services by plaintiff which performed technical component of MRI and paid radiologist to perform interpretive component of MRI — Fee-splitting — Patient brokering — Relationship between plaintiff and radiologist is not unlawful brokering or fee-splitting

11 Fla. L. Weekly Supp. 781b

Insurance — Personal injury protection — Coverage — Fee-splitting — Patient brokering — Error to enter summary judgment where there is genuine issue of material fact as to whether physician who was paid a portion of billed fee by medical provider was employee of provider or independent contractor and whether arrangement between physician and provider violated statutes prohibiting fee-splitting and patient brokering

11 Fla. L. Weekly Supp. 839a

Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — Summary judgment is granted in favor of insurer where policy limits were exhausted after medical provider filed suit — Questions and conflict certified

11 Fla. L. Weekly Supp. 826a

Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — Summary judgment is granted in favor of insurer where medical provider did not object to reduction of medical bills after receiving explanation of benefits or request that unpaid portion of reduced bills be placed in escrow or reserved prior to exhaustion of policy limits, and there is no allegation of bad faith on part of insurer

11 Fla. L. Weekly Supp. 854a

Insurance — Personal injury protection — Limitation of actions — Statute of limitations on insurer’s breach of insurance contract by refusing to pay for any further chiropractic treatment began to run when further treatment was rendered and billed, not on date insured received termination of benefits letter — Motion for summary judgment denied

11 Fla. L. Weekly Supp. 829c

Insurance — Personal injury protection — Medical bills — Delay in payment — Statute tolls time for payment of bills when insurer has made timely request for prescription — Insurer may make such request separate from sworn statement that services rendered were reasonable and necessary

11 Fla. L. Weekly Supp. 1070b

Insurance — Personal injury protection — Insurer not subject to 10% statutory penalty for applying bill to deductible in response to provider’s presuit demand letter

11 Fla. L. Weekly Supp. 1071b

Insurance — Personal injury protection — Coverage — Medical benefits — Bills were not “overdue” at time complaint was filed, and are not collectible, where insurer sent explanation of benefits to provider regarding claims and timely requested supporting documentation for services provided and/or invoice from supplier to determine proper payment for medical equipment, and provider failed to respond prior to filing suit

11 Fla. L. Weekly Supp. 801a

Insurance — Personal injury protection — Coverage — Where record evidence refuted insurer’s claim that claimant owned operable vehicle at time of accident that precluded coverage, trial court correctly entered summary judgment concerning that issue — Where provider testified that he treated claimant involved in three accidents for two months for one of the accidents, and claimant testified that she only received two treatments for that accident, there was genuine issue of material fact concerning cost and number of treatments, and summary judgment was precluded on that issue