Volume 11

11 Fla. L. Weekly Supp. 569d

Insurance — Motion to strike plaintiff’s demand for escrow of benefits granted

11 Fla. L. Weekly Supp. 248b

Insurance — Personal injury protection — Demand for escrow of insurance benefits is stricken

11 Fla. L. Weekly Supp. 248a

Insurance — Personal injury protection — Demand for escrow of disputed benefits in eventuality that benefits are exhausted is stricken

11 Fla. L. Weekly Supp. 1084a

Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — Summary judgment entered in favor of insurer

11 Fla. L. Weekly Supp. 653b

NOT FINAL VERSION OF OPINION
Subsequent Changes at 11 Fla. L. Weekly Supp. 839a

Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — Insurer’s motion for summary judgment is granted where policy limits were exhausted after provider/assignee filed suit — Conflict certified

11 Fla. L. Weekly Supp. 650c

Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — Where policy limits were exhausted prior to insurer’s receipt of provider/assignee’s suit, provider did not provide notice prior to exhaustion of policy limits that it disputed or protested reductions or denials, and final benefits payment made to provider exceeded benefits potentially in controversy such that insurer’s reductions and denials resulted in no net effect upon total PIP benefits paid to provider under disputed claim, insurer’s motion for summary judgment is granted

11 Fla. L. Weekly Supp. 648a

Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — Summary judgment is granted in favor of insurer where policy limits were exhausted after filing of original complaint but prior to filing of amended complaint naming proper plaintiff/provider

11 Fla. L. Weekly Supp. 1012a

Insurance — Personal injury protection — Coverage — Summary judgment — Factual issues — Summary judgment is not appropriate on issue of whether settlement of outstanding medical bills between insured and provider/assignee precludes provider from seeking recovery of remaining balance of PIP benefits where intent of parties to settlement is issue of material fact not to be determined on motion for summary judgment — Conditions precedent — Examination under oath — Insurer is not absolved of liability to pay PIP benefits by insured’s failure to attend EUO scheduled to occur after expiration of insurer’s thirty-day deadline to authenticate claim — Motions for summary judgment denied

11 Fla. L. Weekly Supp. 1008b

Insurance — Personal injury protection — Coverage — Affirmative defenses — Exhaustion of policy limits — Estoppel — Insurer that never raised exhaustion of policy limits in answer and affirmative defenses is estopped from raising issue in motion for summary judgment — Had insurer raised exhaustion defense, court would have denied motion for summary judgment because benefits were available at time reduced payment was made

11 Fla. L. Weekly Supp. 588a

Insurance — Personal injury protection — Service of demand letter on insurer is condition precedent to amending statement of claim to include bill that insurer did not reduce or deny, but for which insurer issued payment to wrong medical provider