Volume 14

14 Fla. L. Weekly Supp. 917a

Insurance — Personal injury protection — Demand letter — Where insured served demand letter on individual other than person designated with Department of Insurance to receive demand letters on behalf of insurer, dismissal was appropriate — Statutory service requirement is not waived by showing that insurer was not harmed by service of demand letter on wrong person

14 Fla. L. Weekly Supp. 180a

Insurance — Personal injury protection — Demand letter — Sufficiency — Where medical provider is disputing full amount of claims submitted, and insurer made no payments at all on claims, provider was only required to submit either an itemized statement specifying amount, date of treatment and type of benefit claimed to be due or HCFA forms to fulfill statutory demand letter requirements — Where provider’s demand letter included both itemized statement and HCFA forms, and insurer’s failure to provide response indicating that demand letter was not in compliance breached PIP contract and statute, affirmative defense regarding sufficiency of demand letter is stricken

14 Fla. L. Weekly Supp. 614a

Insurance — Personal injury protection — Demand letter — Where demand letter from unaccredited MRI provider demanded payment at rate applicable to accredited MRI provider, amounts claimed to be owed were not accurate or reasonable, and demand letter and claim were insufficient as matter of law — Summary judgment in insurer’s favor affirmed

14 Fla. L. Weekly Supp. 874b

Insurance — Personal injury protection — Insurer breached contract by failing to provide certified copy of declarations page and copy of policy requested in demand letter

14 Fla. L. Weekly Supp. 298b

Insurance — Personal injury protection — Demand letter — No merit to insurer’s argument that it is entitled to summary judgment because demand letter was mailed by medical provider but did not have assignment of benefits attached where plaintiff is insured, and insured did not assign benefits to provider

14 Fla. L. Weekly Supp. 395b

Insurance — Personal injury protection — Demand letter — Demand letters submitted to insurer by medical providers, and demand letters submitted to insurer by insured’s attorney on behalf of medical providers, were defective where they were submitted after medical providers had revoked assignment of benefits and reassigned all benefits and potential cause of action to insured — Insured lacked standing to file action against insurer for nonpayment of benefits where insured failed to comply with statutory requirement to furnish demand letter — Final summary judgment entered in favor of insurer

14 Fla. L. Weekly Supp. 232c

Insurance — Personal injury protection — Demand letter — Lost wages — Demand letter for wage loss claim did not comply with statutory requirements where letter stated number of weeks insured was out of work, multiplied by salary, but did not indicate dates on which insured was out of work after surgery — Appellate court will not entertain argument that section 627.736(11) is unconstitutional for retroactively materially changing insurance contract by requiring presuit demand letter where issue was not raised before trial court

14 Fla. L. Weekly Supp. 257a

Insurance — Personal injury protection — Defenses — Election of remedies — Error to require insurer to elect remedies between affirmative defense of accord and satisfaction and denial that bills are reasonable, related and necessary at pretrial conference and to overrule insurer’s objection to requirement to elect remedies prior to trial

14 Fla. L. Weekly Supp. 383a

Insurance — Personal injury protection — Default — Where insurer who entered notice of appearance but did not file response has been provided with notice that medical provider is seeking default, yet insurer has continued to fail to file response, default is entered against insurer

14 Fla. L. Weekly Supp. 932a

Insurance — Personal injury protection — Declaratory judgment — Insurer’s obligation to provide PIP log on presuit request from insured — No error in entering summary judgment in favor of insurer in insured’s declaratory action seeking PIP log where there is nothing in record to suggest that insured is disputing that bill was correctly applied to deductible or that coverage has been exhausted, and insured received requested information in explanation of benefits forms