Volume 13

Case Search

S.M.S., D.O., P.A., d/b/a GULF COAST MEDICAL CENTER o/b/o Charlene Goulet, Plaintiff, vs. PROGRESSIVE AUTO PRO INSURANCE COMPANY, a foreign corporation duly authorized to transact business in the State of Florida, Defendant.

13 Fla. L. Weekly Supp. 348b

Insurance — Personal injury protection — Exhaustion of benefits — Demand to escrow benefits is stricken as not authorized by statute — Demand letter — Complaint is dismissed with leave to amend by attaching copy of purported demand letter

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ROBERT D. SIMON, MD, PA (Elisama Pereira), Plaintiff(s), vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant(s).

13 Fla. L. Weekly Supp. 181a

Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Even though medical provider notified insurer of intent to dispute reduction or denial of payment before benefits were exhausted, insurer was not required to set aside disputed funds — Insurer’s motion for summary judgment granted

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TERLEP CHIROPRACTIC, P.A., o/b/o Dianne Pedicine, Plaintiff, vs. PROGRESSIVE AUTO PRO INSURANCE COMPANY, a foreign corporation duly authorized to transact business in the State of Florida, Defendant.

13 Fla. L. Weekly Supp. 157b

Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — PIP statute does not make provisions for demand to escrow benefits pending resolution of dispute — Demand letter — Complaint dismissed without prejudice to amendment to attach complete copy of demand letter and enclosures referenced therein

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ORLANDO PAIN AND MEDICAL REHABILITATION CENTER, INC., as Assignee of Anthony Oddo, Plaintiff, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant.

13 Fla. L. Weekly Supp. 398a

Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — Penalty provisions in PIP statute cannot be extinguished by exhausting policy limits as long as benefits were available to pay claim before it became overdue — Insurer’s motion for summary judgment cannot be granted where there remain genuine issues of material fact concerning lawfulness of insurer’s reductions of medical provider’s bills based on database recommendation and reasonableness of charges submitted

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PROFESSIONAL MEDICAL GROUP, INC., (a/a/o Jurden J. Ugalde), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

13 Fla. L. Weekly Supp. 1000b

Insurance — Personal injury protection — Coverage — Medical expenses — Overdue bills — Explanation of benefits — Tolling of period to pay or reject claim — Where insurer made timely request for additional documentation regarding claim in EOB and received no response from medical provider, time for payment of claim was tolled, and claims were not overdue and collectible at time of filing suit

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