Volume 14

14 Fla. L. Weekly Supp. 1091a

Insurance — Personal injury protection — Examination under oath — Failure to attend — Where insurer sent letter suspending benefits as of two days after date of MRI and scheduled insured to attend EUO regarding MRI, trial court erred in finding no genuine issue of material fact regarding whether suspension letter constituted anticipatory breach of contract relieving insured of obligation to attend EUO

14 Fla. L. Weekly Supp. 1090a

Insurance — Personal injury protection — Examination under oath — Failure to attend — Summary judgment — Factual issues — Error to enter summary judgment in favor of insured where motion for summary judgment did not disprove or establish legal insufficiency of EUO no-show defense raised by insurer

14 Fla. L. Weekly Supp. 894a

Insurance — Personal injury protection — Examination under oath — Failure to answer questions — Where insured attended EUO but refused to answer material questions about two accidents that occurred less than one year prior to accident at issue, insured breached insurance contract, and insurer is relieved of obligation to pay PIP benefits

14 Fla. L. Weekly Supp. 108c

Insurance — Personal injury protection — Discovery — Documents — Motion to compel discovery of every explanation of benefits and explanation of reimbursement generated in geozip for CPT codes at issue three months prior to and three months after dates of service is granted

14 Fla. L. Weekly Supp. 207a

Insurance — Personal injury protection — Demand letter — Sufficiency — Attachment to demand letter of claim forms setting forth amount of original claims without reflecting partial payments made by insurer on forms or elsewhere in demand letter does not comply with statutory requirement that demand letter set forth exact amount claimed to be due — Demand letter with handwritten costs that were illegible and demand letter with attached claim forms that postdated the date the insurer received the demand letter were also erroneous — No error in entry of summary judgment in favor of insurer

14 Fla. L. Weekly Supp. 1160a

Insurance — Personal injury protection — Demand letter — Sufficiency — Demand letter is not defective for demanding payment of bill insurer claims is excessive where insurer is still responsible for payment of reimbursable amount of bill, and insurer did not provide explanation of benefits stating why bill was reduced or denied — Partial summary judgment on demand letter defect defense is entered in favor of medical provider

14 Fla. L. Weekly Supp. 886a

Insurance — Personal injury protection — Demand letter — Sufficiency — Demand letter to which itemized statement and HCFA form were attached was sufficient — Even if letter were not sufficient, insurer’s failure to respond to letter or issue explanation of benefits would have resulted in waiver of demand letter defense

14 Fla. L. Weekly Supp. 1069a

Insurance — Personal injury protection — Demand letter — Sufficiency — Letter demanding that insurer pay entire amount of insured’s medical bills without taking into account numerous payments made by insurer and claiming interest without specifying dates of service for which payment was allegedly late or amount of interest accruing per diem does not satisfy condition precedent to filing suit

14 Fla. L. Weekly Supp. 673a

Insurance — Personal injury protection — Demand letter — Sufficiency

14 Fla. L. Weekly Supp. 166b

Insurance — Personal injury protection — Demand letter — Sufficiency