Volume 14

14 Fla. L. Weekly Supp. 586a

Insurance — Personal injury protection — Statutory penalty — Failure to include penalty on overdue interest

14 Fla. L. Weekly Supp. 292a

Insurance — Personal injury protection — Notice of loss — Professional license number — Affidavit of litigation adjuster submitted by insurer in support of motion for summary judgment on notice of loss issue is admissible where, although affidavit states that it is based on “my information and belief,” statements in affidavit establish that adjuster has requisite personal knowledge to authenticate bills at issue — Waiver of defense — Insurer did not waive defense of lack of notice of loss based on failure to include medical provider’s professional license number on bills by earlier denial of bills based on independent medical examination cutoff — Statute provides that lack of notice defense can be raised at any time — Where dates of service at issue were after effective date of 2003 amendment mandating that license number be included on all bills, and it is undisputed that bills at issue do not contain license number, bills did not put insurer on notice of covered loss

14 Fla. L. Weekly Supp. 1061a

Insurance — Personal injury protection — Notice of loss — Where omnibus insured, who was passenger in insured vehicle and mother-in-law of insured, failed to provide information regarding residence and vehicle ownership necessary to verify coverage prior to filing suit, insurer had not received notice of covered loss at time of filing complaint, and complaint is legal nullity

14 Fla. L. Weekly Supp. 394a

Insurance — Personal injury protection — Notice of claim — Disclosure and acknowledgment form — Failure to submit — Where medical provider failed to submit original standard disclosure and acknowledgment form to insurer prior to insured filing suit, insurer was never placed on notice of claim, and claim was never overdue and is legal nullity — No merit to argument that failure to provide form impacts only initial date of service, not entire claim — No prejudice to insured from dismissal of suit because, where medical provider fails to comply with legal requirement to submit bill, neither insurer nor insured is responsible for payment

14 Fla. L. Weekly Supp. 789a

Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Failure to list services actually rendered on form is fatal to PIP claim

14 Fla. L. Weekly Supp. 689b

Insurance — Personal injury protection — Disclosure and acknowledgment form — Where disclosure and acknowledgment form did not set forth services actually rendered, insurer was not provided with notice of loss, and neither insurer nor insured is responsible for payment of bills — Submission of medical bills and records contemporaneously with disclosure and acknowledgment form does not constitute substantial compliance with statutory requirement to disclose services rendered on form — No merit to arguments that non-compliant form only impacts initial date of service and that insurer should be estopped from defending on basis of non-compliant form

14 Fla. L. Weekly Supp. 505a

Insurance — Personal injury protection — Disclosure and acknowledgment form — Where self-generated disclosure and acknowledgment form provided by medical provider failed to list services rendered or to provide physician attestations, form does not comply with statutory requirements, insurer was never placed on notice of covered loss, and claim was never overdue — No merit to argument that insurer should be estopped from defending claim on basis of non-compliant form — Statute provides that insurer can assert that claim is in violation of statute at any time, and elements of equitable estoppel have not been proved

14 Fla. L. Weekly Supp. 308a

Insurance — Personal injury protection — Examination under oath — Failure to attend — Where insurer took no action upon receipt of claim, did not have reasonable proof sufficient to deny the claim, and failed to provide an explanation of benefits, that inaction resulted in waiver of defense that claimant failed to attend EUO scheduled more than 30 days after receipt of plaintiff’s first bill

14 Fla. L. Weekly Supp. 496b

Insurance — Personal injury protection — Examination under oath — Failure to attend — Waiver of defense — Where insurer took no action on receipt of claim, did not have reasonable proof sufficient to deny claim, and failed to provide explanation of benefits, insurer’s inaction is waiver of defense that insured failed to attend EUO scheduled more than 30 days after receipt of first bill

14 Fla. L. Weekly Supp. 1060b

Insurance — Personal injury protection — Failure to attend examination under oath — Insured’s failure to attend an EUO prior to the filing of a lawsuit does not result in immediate breach of the insurance contract — When an insurer reschedules a previously set EUO, the latest date scheduled is the date that is controlling when determining whether the insured complied with a condition in the insurance contract — If the insured cooperates with the insurer to some degree, summary judgment is improper and a question of fact arises for presentment to the jury