Volume 14

14 Fla. L. Weekly Supp. 580b

Insurance — Personal injury protection — Motion to dismiss and motion for summary judgment in action brought by medical provider against insured’s employer’s commercial carrier for benefits and for presuit information are denied as premature where, although commercial carrier was wrong insurer and insured’s PIP carrier covered provider’s claim, commercial carrier did not inform provider that it was the wrong insurer presuit

14 Fla. L. Weekly Supp. 175a

Insurance — Personal injury protection — Dismissal — Res judicata — Where medical provider filed two virtually identical complaints against insurer for breach of contract by failure to pay PIP benefits for same series of treatments rendered at same facility by same physician to same insured as result of same accident and the only difference in complaints is dates of service at issue; all bills accrued prior to filing first suit; and there was no reason, other than provider’s desire to file multiple lawsuits, to split cause of action into two parts, final judgment issued in first case is conclusive of every justiciable issue that could have been litigated, and bills not claimed therein cannot be recovered — Motion to dismiss second action granted

14 Fla. L. Weekly Supp. 976b

Insurance — Personal injury protection — Res judicata — Each bill for separate treatment dates is separate claim and cause of action although all result from same accident — Medical provider is not barred from bringing claims for dates of service withdrawn from prior suit when provider discovered that demand letters for those dates of service were prematurely sent

14 Fla. L. Weekly Supp. 874a

Insurance — Personal injury protection — Res judicata — Although final judgment was previously entered in action against insurer for overdue PIP benefits, second action by same medical provider against insurer based on different set of bills is not barred by res judicata

14 Fla. L. Weekly Supp. 299b

Insurance — Personal injury protection — Upon striking of insurer’s untimely opposing affidavits, summary judgment is granted in favor of medical provider on issue of medical bill reduced by insurer

14 Fla. L. Weekly Supp. 504b

Insurance — Personal injury protection — Coverage — Medical expenses — Reasonable charges — Summary judgment — Insurer’s affidavits in opposition to motion for summary judgment on reasonableness of amount charged are not sufficient to rebut medical provider’s prima facie case where insurer uses information from third party database to make reasonableness determinations, and claims representatives and consulting actuary who made affidavits and were deposed have no personal knowledge of how calculations are made by third party

14 Fla. L. Weekly Supp. 504a

Insurance — Personal injury protection — Coverage — Medical expenses — Reasonable charges — Summary judgment — Insurer’s affidavits in opposition to motion for summary judgment on reasonableness of amount charged are not sufficient to rebut medical provider’s prima facie case where insurer uses information from third party database to make reasonableness determinations, and claims representatives and consulting actuary who made affidavits and were deposed have no personal knowledge of how calculations are made by third party

14 Fla. L. Weekly Supp. 322a

Insurance — Personal injury protection — Summary judgment — Factual issues — Reasonableness of charges

14 Fla. L. Weekly Supp. 320c

Insurance — Personal injury protection — Summary judgment — Factual issues — Reasonableness of charges

14 Fla. L. Weekly Supp. 689a

Insurance — Personal injury protection — Evidence — Judicial notice — Medicare reimbursement schedule and workers’ compensation reimbursement manual