Volume 12

12 Fla. L. Weekly Supp. 1185b

Insurance — Personal injury protection — Declaratory judgment — Insurer’s obligation to provide PIP log on pre-suit request from medical provider — PIP log is not included in “information obtained by insurer” that must be produced on pre-suit demand from provider under statutes, but log is subject to discovery

12 Fla. L. Weekly Supp. 1145b

Insurance — Personal injury protection — Declaratory judgment — Insurer’s obligation to provide PIP log on presuit request from medical provider

12 Fla. L. Weekly Supp. 1145b

Insurance — Personal injury protection — Declaratory judgment — Insurer’s obligation to provide PIP log on presuit request from medical provider

12 Fla. L. Weekly Supp. 478b

Insurance — Personal injury protection — Presuit discovery — Insurer is required to provide copy of policy, declarations page and PIP log on presuit request from medical provider

12 Fla. L. Weekly Supp. 87a

Attorney’s fees — Insurance — Personal injury protection — Declaratory judgments — Confession of judgment — Insurer’s post-suit furnishing of PIP log requested pre-suit by medical provider did not constitute confession of judgment entitling provider to attorney’s fees — Although insurer’s conduct in not furnishing PIP log or otherwise advising provider that bills had been applied to deductible constituted negligence, provider could have obtained declarations page from insured to determine amount of deductible, thereby vitiating need for declaratory judgment action

12 Fla. L. Weekly Supp. 566a

Insurance — Personal injury protection — Declaratory action — Claim for declaratory relief seeking disclosure of policy information is granted where insurer chose not to provide plaintiff who was passenger injured in insured’s vehicle with copy of policy, declarations page, binders, endorsements, applications, and all documents and correspondence regarding alleged cancellation of policy requested pursuant to section 627.4137; provided plaintiff with mixed messages regarding date of policy cancellation; and opted not to provide plaintiff with statement under oath setting forth information with regard to each known policy, copy of policy, and notification of plaintiff’s rights to PIP benefits as required by section 627.7401 after receiving notice of accident or personal injury — Further, insurer’s belated furnishing of required policy information post-suit is confession of judgment

12 Fla. L. Weekly Supp. 493a

Insurance — Personal injury protection — Coverage — Denial — Explanation of benefits — Declaratory judgments — Insurer that failed to comply with statutory requirement to furnish medical provider with itemized specification of unpaid charges breached insurance contract with insured — Summary judgment entered in favor of provider as to liability and at minimum nominal damages on count for declaratory relief seeking EOB and on count for breach of contract — Attorney’s fees and costs awarded to provider

12 Fla. L. Weekly Supp. 387a

Insurance — Personal injury protection — Coverage — Denial — Explanation of benefits — Motion to dismiss count seeking declaratory relief, claiming insured is in doubt as to whether there is insurance coverage due to insurer’s failure to provide EOB, is denied where count seeks resolution of something more than purely factual issue

12 Fla. L. Weekly Supp. 151b

Insurance — Declaratory judgments — Factual issues — Dismissal

12 Fla. L. Weekly Supp. 758a

Insurance — Cancellation of policies by premium financing company for nonpayment — Interest — Premium finance companies are not entitled under statute to interest based on insurer’s failure to return unearned premiums by a date certain — Because there is no statutory authority to find entitlement to interest, absent an express agreement to pay interest when an unearned premium is not returned within a date certain, a premium finance company does not have a cause of action for interest under the common law — Because plaintiffs failed to allege that insurance policies provided agreement to pay interest when unearned premium was not returned within date certain, defendants’ motion to dismiss is granted