Volume 11

11 Fla. L. Weekly Supp. 1072a

Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — Subsequent claim for unpaid portion of bills — Summary judgment is granted in favor of insurer where policy limits have been exhausted — Medical provider/assignee carries no right greater than that available to assignor, who has used full amount of contracted benefits

11 Fla. L. Weekly Supp. 470a

Insurance — Personal injury protection — Coverage — Medical bills — Exhaustion of policy limits on subsequently submitted bills — Insurer who pays reduced amount for medical bills is not liable for reduced portion of charge where policy limits have been exhausted before notice of challenge to reduced payment is made by provider — Summary judgment in favor of insurer granted — Question certified

11 Fla. L. Weekly Supp. 578b

Insurance — Personal injury protection — Coverage — Exhaustion of benefits — Where benefits were available at time bills were received by insurer, benefits were available thirty days thereafter, and benefits were available when suit was filed, insurer is precluded from raising defense of exhaustion of benefits — Summary judgment entered in favor of provider/assignee

11 Fla. L. Weekly Supp. 44a

Insurance — Personal injury protection — Where insured assigned only right for each assignee medical provider to receive timely payment from insured for reasonable and necessary medical services, and insured submitted claims for lost wages, prescription reimbursement, and transportation expenses more than thirty days prior to presentation of claims by assignee medical providers, insured erred in paying assignees’ claims and denying insured’s unassigned claims — Method of paying benefits improperly granted greater rights to assignees than those originally possessed by insured — Insurer’s exhaustion of benefits by paying assigned claims more than thirty days after it received insured’s valid unassigned claims is not relevant — Insured’s motion for summary judgment granted

11 Fla. L. Weekly Supp. 851a

Insurance — Personal injury protection — Coverage — Exhaustion of policy limits on subsequently submitted bills — Insurer’s motion for summary judgment based on exhaustion of benefits is denied because plaintiff/assignee will be entitled to statutory interest and penalties regardless of exhaustion of policy limits if he proves insurer wrongfully denied payment of his bill

11 Fla. L. Weekly Supp. 1014a

Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — Where there is no genuine issue of material fact that insurer had paid out policy limits before medical provider filed suit, summary judgment is granted in favor of insurer

11 Fla. L. Weekly Supp. 305b

Insurance — Personal injury protection — Coverage — Denial — Exhaustion of policy limits — Escrow request which failed to specify amount for insurer to set aside was insufficient notice to insurer

11 Fla. L. Weekly Supp. 1a

Insurance — Personal injury protection — Coverage — Denial — Exhaustion of benefits — Where insurer denied coverage for insured’s magnetic resonance imaging, and insurer exhausted benefits by continuing to pay other bills, even after insured filed suit to compel payment for MRIs, it was error to enter summary judgment in favor of insurer — Insured was not required to make a separate demand to place contested amounts in escrow in court registry — Remand to determine amount insurer should pay for MRI examinations

11 Fla. L. Weekly Supp. 585a

Insurance — Personal injury protection — Coverage — Medical bills — Exhaustion of benefits — Where insured never provided insurer with notice requesting that amount at issue be reserved or escrowed, and policy does not require insurer to reserve funds after making partial payment, exhaustion of benefits precludes recovery of remainder due on bills that were reduced or denied

11 Fla. L. Weekly Supp. 440c

Insurance — Personal injury protection — Coverage — Medical bills — Exhaustion of policy limits on subsequently submitted bills — Where insurer exhausted all PIP benefits on medical bills submitted by other providers after making partial payment of provider/assignee’s bill, assignee did not provide insurer with notice requesting that disputed amount be reserved or escrowed prior to filing suit, and policy does not require insurer to preserve funds for payment of balance of medical bill after making partial payment, summary judgment is granted in favor of insurer