Volume 14

14 Fla. L. Weekly Supp. 868b

Insurance — Personal injury protection — Application — Misrepresentations — Where only sworn affidavit to be considered on defense of material misrepresentation is that of insured, summary judgment is granted in favor of medical provider

14 Fla. L. Weekly Supp. 410b

Insurance — Automobile — Application — Misrepresentations — Summary judgment — Factual issues — Where evidence submitted by insurer regarding alleged material misrepresentation of failing to list household resident over age 15 on application does not clearly and conclusively establish that material misrepresentation occurred which affected risk assumed by insurer but, rather, conflicting evidence requires weighing of answers and credibility of witnesses, trial court erred in entering summary judgment in favor of insurer

14 Fla. L. Weekly Supp. 498b

Insurance — Personal injury protection — Application — Material misrepresentations — Business use — Travel to lunch — Insurer’s motion for final summary judgment is denied where examination under oath in which insured admitted that accident occurred while driving to lunch from work is inadmissible and if admissible does not establish absence of genuine issues of fact, insurer has not provided evidence that all premiums were returned to insured, insurer’s motion fails to identify where definition of “business use” is found in documents, insurer failed to present evidence that insured used vehicle for anything related to employment other than to commute to work which is considered personal use, and effect of insurer admitting all admissions in medical provider’s request for admissions is to admit provider’s entitlement to PIP benefits, interest and attorney’s fees

14 Fla. L. Weekly Supp. 232a

Insurance — Personal injury protection — Exhaustion of benefits — Discovery — PIP log — Where insurer denied payment of medical bill on ground that PIP benefits were exhausted, provider was entitled to pre-suit production of PIP log to enable it to determine the date benefits were exhausted and the date that provider’s bill was received

14 Fla. L. Weekly Supp. 516a

Insurance — Personal injury protection — Appeals — Non-final order — Order granting motion for summary judgment, which does not actually enter judgment for party, is non-final non-appealable order — Attorney’s fees — Appellate — Medical provider is entitled to award of appellate attorney’s fees where appeal commenced by insurer was dismissed without decision on merits