Volume 14

14 Fla. L. Weekly Supp. 238a

Insurance — Personal injury protection — Declaratory judgment — Insurer’s obligation to provide policy, declarations page and/or PIP log on presuit request from assignee/medical provider — No error in entering summary judgment in favor of provider on claim for declaratory relief based on insurer’s failure to furnish PIP log where insurer furnished some documents to provider whose claim was allegedly applied to deductible but, because documents did not contain information regarding total amount of bills applied to deductible or indicate that provider’s bill was only bill received, provider was unable to determine its status as claimant with respect to whether or not deductible had been met

14 Fla. L. Weekly Supp. 108b

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

14 Fla. L. Weekly Supp. 352a

Insurance — Personal injury protection — Declaratory judgment — Insurer’s obligation to provide policy, declarations page and/or PIP log on presuit request from assignee/medical provider — Section 627.736(6)(d), which entitles insured to all information obtained by insurer from medical providers or employers, also entitles assignee/provider to such information — Information that may be obtained under statute includes PIP log to extent it contains information obtained from medical providers or employers — Section 627.4137, which requires production of policy to any claimant by any insurer who does or may provide liability coverage to pay any claim, requires insurer to provide copy of policy and declarations page — No merit to argument that statute is not applicable to PIP insurer where insured’s policy provides for liability coverage for bodily injury in addition to PIP coverage — No merit to argument that statute’s discovery obligation only applies to third-party claims — Section 627.7401 merely requires that insurer send insured form notice of rights under No-Fault Act within 21 days of PIP claim and does not provide any basis for obtaining presuit discovery — No merit to argument that insurer need not comply with presuit discovery obligations where requesting provider has knowledge of, or alternative methods of obtaining, requested information

14 Fla. L. Weekly Supp. 1157b

Insurance — Personal injury protection — Declaratory judgment — Insurer is obligated to provide copy of explanation of benefits, policy and declarations page on presuit request from medical provider even if documents have been given to insured — Motion to dismiss denied

14 Fla. L. Weekly Supp. 218a

Insurance — Personal injury protection — Declaratory judgment — Jurisdiction — County court — Where amount in controversy did not exceed $15,000, county court had jurisdiction to hear complaint seeking only declaratory relief — Coverage — Medical expenses — Reduction — Preferred provider — No error in entry of declaratory judgment finding that insurer is not entitled to discounted PPO rates and shall not be allowed to take PPO reductions on medical bills submitted by insured or her treating physicians where insured was reasonably in doubt regarding payment of bills and PIP policy because insurer sent documents to insured stating that bills would not be paid pursuant to no-fault law but instead would be paid pursuant to PPO agreement with Beech Street, insured’s policy with insurer does not contain PPO provision, insured only became aware of fact that insurer did not actually reduce bills during discovery after commencing litigation, insurer did not provide insured with PIP log showing bills had not been reduced until after she commenced litigation, and it remained unclear whether insurer would attempt to reduce future bills pursuant to Beech Street agreement

14 Fla. L. Weekly Supp. 1144a

Insurance — Personal injury protection — Declaratory action — Insurer’s authority to change CPT codes

14 Fla. L. Weekly Supp. 1143b

Insurance — Personal injury protection — Declaratory action — Insurer’s authority to change CPT codes

14 Fla. L. Weekly Supp. 178b

Declaratory judgments — Jurisdiction — Insurance — Petition stated elements for declaratory judgment pursuant to Chapter 86 — There is genuine dispute as to plaintiff’s rights under insurance contract, and petitioner properly petitioned court as to construction and validity of a statute

14 Fla. L. Weekly Supp. 1059c

Insurance — Personal injury protection — Complaint — Amendment — Futility — Insurer’s obligation to provider PIP log on presuit request from insured — Amendment of medical provider/assignee’s complaint to add count for declaratory relief based on insured’s right to obtain PIP log under section 627.736(4)(b) is not rendered futile by case law addressing question of provider’s right to PIP log under section 627.736(6)d) — Motion to amend granted

14 Fla. L. Weekly Supp. 681a

Insurance — Personal injury protection — Declaratory judgments — Summary judgment — Factual issues — Where claims adjuster’s deposition testimony and affidavit state that adjuster personally sent copy of policy and declarations page to medical provider in response to presuit demand letter, motion for summary judgment on claim that insurer failed to provide documents is denied