Volume 11

11 Fla. L. Weekly Supp. 933a

Insurance — Personal injury protection — Although damages is element of cause of action, nominal damages may be awarded if provider is unable to prove actual damages — Motion to dismiss denied

11 Fla. L. Weekly Supp. 455b

Attorney’s fees — Insurance — Personal injury protection — Discovery — Depositions — Where insurer has not honored order preliminary to fees hearing that directed it to respond to disputed items of fees and costs within ten days of receipt of provider/assignee’s affidavit of time and costs, requested deposition of provider’s counsel may be had only by paying counsel his hourly rate

11 Fla. L. Weekly Supp. 477b

Insurance — Personal injury protection — Discovery — Depositions — Protective order — Deposition may not be taken until it is determined whether claim was settled in prior PIP suit — If court later determines deposition shall proceed, it will appoint special master to rule contemporaneously on objections

11 Fla. L. Weekly Supp. 566a

Insurance — Personal injury protection — Supplemental medical insurance — Requirement to pay 10% penalty when claim for which demand was made is paid by insurer does not apply to payment of claim for optional supplemental medical insurance benefits — Provider is not required to send demand letter before filing suit for unpaid or overdue benefits under optional policy

11 Fla. L. Weekly Supp. 645b

Insurance — Personal injury protection — Demand letter — Sufficiency — Court cannot grant summary judgment for plaintiff on claim for statutory 10% interest following insurer’s payment of overdue bills after receipt of demand letter or for insurer on claim that interest is not due because demand letter failed to satisfy statutory requirements where disputed issues of material fact exist concerning whether confusing letter could be understood by someone in insurance and billing industry as giving information required by statute

11 Fla. L. Weekly Supp. 347a

Insurance — Personal injury protection — Where provider/assignee sent noncompliant pre-suit demand letter which did not contain assignment of benefits, provider/assignee sent complaint demand letter after suit was filed, and assignment provided to insurer during claims process was not sent to recipient designated for purposes of receiving pre-suit demand letters, summary judgment is granted in favor of insurer — Case closed without prejudice

11 Fla. L. Weekly Supp. 829a

Insurance — Personal injury protection — Demand letter- — Where medical provider is not claiming entire amount set forth in patient ledger attached to demand letter, greater specificity is required identifying specific services, dates, and amounts sought — Case dismissed without prejudice

11 Fla. L. Weekly Supp. 1095b

Insurance — Personal injury protection — Demand letter — Sufficiency — Merely attaching HCFA forms to document identified as demand letter fails to comply with statutory requirement to provide insurer with exact amount due as it does not account for amounts applied to deductible, amounts reduced to reasonable charges or partial payments made — Final summary judgment granted in favor of insurer

11 Fla. L. Weekly Supp. 932b

Insurance — Personal injury protection — Demand letter — Sufficiency — Merely attaching HCFA forms to document identified as demand letter fails to comply with statutory requirement to provide insurer with exact amount due as it does not account for amounts applied to deductible, amounts reduced to reasonable charges or partial payments made — Final summary judgment granted in favor of insurer

11 Fla. L. Weekly Supp. 737a

Insurance — Personal injury protection — Demand letter — Sufficiency — Letter does not comply with requirements for pre-suit demand letter as it does not state it is demand letter; does not state name of insured, claim or policy number upon which claim was originally submitted, or name of medical provider who rendered treatment; does not include itemized statement specifying exact amount, date of treatment, and type of benefit claimed to be due; was not sent to person designated by insurer to receive demand letters; and was not sent by certified or registered mail, return receipt requested — Even if letter were intended as demand letter, provider did not allow insurer 15 days after receipt before filing suit — Summary judgment in favor of insurer is appropriate despite ongoing discovery as no further discovery will reflect upon sufficiency of purported pre-suit demand letter