Volume 13

13 Fla. L. Weekly Supp. 1224a

Insurance — Personal injury protection — Reimbursement — Commercial motor vehicle — Vehicle owned by private corporation contracting with municipality to provide transportation services is commercial motor vehicle and is not deemed to be owned by municipality for purposes of exclusion from statutory provisions for reimbursement of benefits paid by PIP insurer of private passenger vehicle for injury to insured while occupant of commercial motor vehicle or when struck by commercial motor vehicle while not occupant of self-propelled vehicle

13 Fla. L. Weekly Supp. 1090b Insurance — Personal injury protection — Coverage — Claimant with own PIP coverage — Claimant’s own PIP insurer was

13 Fla. L. Weekly Supp. 1107a

Insurance — Personal injury protection — Priority of payments — Where hospital did not timely perfect its lien, lien lost its priority until such time as it was properly recorded, and provider’s bill, which was received both before the hospital’s bill and before recording of lien, was entitled to priority under English rule — English rule applies to assignees of PIP benefits — With regard to insurer’s contention that it had 30 days to investigate claim and make determination on whether to pay provider’s bill, insurer cannot shuffle priority of payments in that 30-day period

13 Fla. L. Weekly Supp. 344a

Insurance — Personal injury protection — Notice of loss given three and a half years after accident was not given as soon as practicable — Where insured failed to rebut presumption that insurer was prejudiced by failure to report accident in timely manner, insured’s claim and PIP suit cannot be maintained

13 Fla. L. Weekly Supp. 491b

Insurance — Personal injury protection — Notice of loss — Where medical provider furnished insurer with own disclosure and acknowledgment form rather than standard Department of Insurance form, but form submitted by provider substantially complied with statute, insurer was provided with proper notice of covered loss

13 Fla. L. Weekly Supp. 395a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 13 Fla. L. Weekly Supp. 513b

Insurance — Personal injury protection — Notice of claim — Disclosure and acknowledgment form — Medical provider which did not use standard disclosure and acknowledgment form authored by Office of Insurance Regulation, but instead used self-generated disclosure and acknowledgment form, substantially complied with Section 627.736 — Insurer demonstrated that it received written notice of covered loss by making reduced payment of bill, and insurer did not advise provider that it would not process bill because of need for approved form or notify provider when it received demand letter that it did not consider itself in receipt of written notice of covered loss — Defendant’s motion for summary judgment is denied

13 Fla. L. Weekly Supp. 619a

Insurance — Personal injury protection — Notice of loss — Where medical provider wrote “See Attached” on lines of Standard Disclosure and Acknowledgment Form provided for description of treatment rendered and attached documents describing treatment, form was properly executed — Nothing in statute or policy requires that all treatment rendered be written on lines of form — Summary judgment — Opposing affidavit — Timeliness — Affidavit in opposition to summary judgment served by hand delivery only one business day prior to summary judgment hearing is stricken — Where provider met burden of establishing that bills were overdue and owing, and insurer had no evidence other than stricken affidavit to dispute provider’s contention that bills were reasonable, related and necessary, summary judgment is granted in favor of provider

13 Fla. L. Weekly Supp. 740a

Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Where description of services rendered was omitted from disclosure and acknowledgment form, there was no substantial compliance with requirements for notice of covered loss — Summary judgment granted in favor of insurer

13 Fla. L. Weekly Supp. 1006a

Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Disclosure and acknowledgment form with description of “services actually rendered” omitted failed to provide notice of fact of covered loss — Contemporaneous submission of bills and medical records does not constitute substantial compliance with requirement to submit properly completed form where one of main purposes of form is to identify and divulge services actually rendered

13 Fla. L. Weekly Supp. 1021b

Insurance — Personal injury protection — Jurisdiction — County court has jurisdiction of equity proceeding where amount in controversy in PIP claim does not exceed $15,000