Volume 12

12 Fla. L. Weekly Supp. 1180a

Insurance — Personal injury protection — Notice of claim — Disclosure and acknowledgment form — Medical provider which sent self-generated PIP disclosure and acknowledgment form rather than standard disclosure and acknowledgment form authored by Office of Insurance Regulation provided sufficient notice to insurer

12 Fla. L. Weekly Supp. 1179a

Insurance — Personal injury protection — Notice of loss — Collateral estoppel — Insurer is collaterally estopped from relitigating defense of late notice in present case where issue was fully litigated and decided in favor of medical provider in prior suit involving bills presented to insurer stemming from same accident involving same insured and accrued at facility owned by same owner as facility in present case

12 Fla. L. Weekly Supp. 126c

Insurance — Personal injury protection — Trial court did not abuse its discretion in denying motion for mistrial and did not misinterpret section 627.736

12 Fla. L. Weekly Supp. 39a

Insurance — Personal injury protection — Written final judgment for full amount of jury verdict must be reversed as it is not in conformance with oral pronouncement that trial court would adjust verdict

12 Fla. L. Weekly Supp. 237b

Attorney’s fees — Insurance — Personal injury protection — Prevailing insurer is awarded attorney’s fees and costs for representation after rejection of proposal for settlement — Expert witness fee and prejudgment interest are awarded

12 Fla. L. Weekly Supp. 505a

Insurance — Personal injury protection — Declaratory action — Insurer is required to provide copy of policy, declarations page and PIP log on pre-suit request from medical provider

12 Fla. L. Weekly Supp. 492b

Insurance — Personal injury protection — Independent medical examination — Failure to answer material questions — Where facts are not in dispute, question of whether information sought in IME is material is question of law that may be decided at summary judgment stage — Where insured refused at IME to discuss how accident occurred and failed to disclose after inquiry prior automobile accident in which he had been knocked unconscious, insured failed to provide material information, thereby failing to comply with condition precedent to submit to IME, and is barred from recovery — Summary judgment is granted in favor of insurer

12 Fla. L. Weekly Supp. 1086a

Insurance — Personal injury protection — Independent medical examination — Failure to attend IME does not relief insurer from duty to pay all medical bills for services that predate missed IME, including those for which medical bills were received less than thirty days prior to missed IME

12 Fla. L. Weekly Supp. 724b

Insurance — Personal injury protection — Patient brokering — Fee-splitting — Error to enter summary judgment in favor of plaintiff where there are genuine issues of material fact as to whether plaintiff was broker ineligible for reimbursement and whether fee arrangement between plaintiff and physician violated prohibitions against patient brokering and fee-splitting

12 Fla. L. Weekly Supp. 1107a

Insurance — Personal injury protection — Explanation of benefits — Insurer breached contract with medical provider by failing to provide EOB when it failed to make payment on medical bills received from provider