Volume 12

12 Fla. L. Weekly Supp. 383a

Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — Where there is no dispute that insurer paid out in excess of policy limits prior to medical provider filing suit, insurer is entitled to summary judgment — Insurer was entitled to reapportion overpayment of PIP benefits to outstanding Medpay coverage

12 Fla. L. Weekly Supp. 670c

Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — Insurer did not err in exhausting policy limits by paying hospital claim rather than medical provider’s claim that was submitted prior to hospital’s claim where insurer received hospital claim of lien within 30 days from date insurer received provider’s claim, and insurer properly held benefits pending receipt of hospital invoice and then exhausted benefits by paying invoice

12 Fla. L. Weekly Supp. 382a

Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — Insurer’s motion for summary judgment based on exhaustion of policy limits is denied — Attachments to motion cannot be considered because they are not sworn or certified, and issues of material fact remain with regard to order in which insurer received claim submissions and whether insured was overpaid for wage loss

12 Fla. L. Weekly Supp. 998a

Insurance — Personal injury protection — Coverage — Medical expenses — Hospital lien — Where hospital holding lien for limits of PIP policy submitted offer to insured through insurer that would have allowed insured to retain portion of benefits, insured rejected offer, and hospital requested that insurer send full payment of lien, insurer had no obligation to advise insured prior to paying benefits to hospital that there would be no further offers from hospital and that insured could either accept hospital’s offer or all of her PIP benefits would be taken by hospital

12 Fla. L. Weekly Supp. 231b

Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Medical provider/assignee’s interests under PIP policy are extinguished where benefits have been exhausted and provider failed to give insurer timely or sufficient notice of dispute prior to exhaustion — Summary judgment entered in favor of insurer

12 Fla. L. Weekly Supp. 210c

Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — No error in dismissing cases where benefits were exhausted before suits were filed and medical provider did not allege or demonstrate that insurer conducted itself inappropriately in any way

12 Fla. L. Weekly Supp. 237a

Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Subsequent claim for unpaid portion of medical bills — Where medical provider never requested that insurer escrow or reserve benefits for unpaid portions of reduced bills or put insurer on notice that it was contesting partial payments until suit was filed after exhaustion of policy limits, summary judgment is granted in favor of insurer

12 Fla. L. Weekly Supp. 121b

Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — Escrow request — Specificity — No error in determining that escrow request was insufficient where request authorized insurer to reserve any disputed or unpaid medical bills but did not specify amount to be placed in escrow, and record does not reflect whether request was provided to insurer in advance of suit or whether medical provider contested reductions in advance of filing suit

12 Fla. L. Weekly Supp. 351a

Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — There is no provision in PIP statute for escrow of benefits — Court cannot enforce demand for escrow of benefits — Insurer cannot be required to pay more than policy limits unless there is bad faith on part of insurer

12 Fla. L. Weekly Supp. 1185a

Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Request to escrow disputed PIP benefits stricken