Volume 15

15 Fla. L. Weekly Supp. 394b

Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Insurer is not required to escrow or reserve PIP benefits for claims that are reduced or denied — Right to contest PIP claim, including claims for past due interest and attorney’s fees, can be extinguished through exhaustion of benefits after demand letter has been submitted and before suit is filed absent showing of bad faith — Summary judgment granted

15 Fla. L. Weekly Supp. 383b

Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Insurer has no duty to escrow funds pending resolution of contested claim — Insured cannot maintain action to recover PIP benefits when insured’s benefits have been exhausted after medical provider filed suit against insurer and there is no evidence that insurer acted in bad faith in exhausting benefits

15 Fla. L. Weekly Supp. 334a

Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Insurer was not required to set aside reserve fund for monies in dispute with medical provider

15 Fla. L. Weekly Supp. 1115a

Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — Insurer is not liable to pay PIP benefits once benefits are exhausted, absent showing that benefits were exhausted in bad faith, and is not required to set aside reserve for disputed claims

15 Fla. L. Weekly Supp. 1122b

Insurance — Personal injury protection — Motion to continue trial and strike from trial docket, on ground that discovery was incomplete when insurer noticed case for trial, is denied where pleadings are complete and, as matter of law, action is at issue and ready for trial

15 Fla. L. Weekly Supp. 932b

Insurance — Personal injury protection — Consolidation of cases — Motion to consolidate two PIP cases involving same medical provider, same insurer, and insureds who were injured in same accident is denied where cases involve separate policies, separate injuries and separate potential affirmative defenses

15 Fla. L. Weekly Supp. 743b

Insurance — Personal injury protection — Confession of judgment — Post-suit partial payment of PIP benefits constitutes confession of judgment

15 Fla. L. Weekly Supp. 829c

Insurance — Personal injury protection — Complaint — Premature — Demand for mediation — Statute which provides that filing demand for mediation tolls requirements for filing suit for 60 days does not apply to first-party PIP claims

15 Fla. L. Weekly Supp. 826a

Insurance — Personal injury protection — Complaint — Premature — Demand for mediation — Statute which provides that filing demand for mediation tolls requirements for filing suit for 60 days does not apply to first-party PIP claims

15 Fla. L. Weekly Supp. 1101c

Insurance — Personal injury protection — Complaint — Amendment — Motion to amend complaint to delete “Inc.” from provider’s name is granted — Insurer was not confused or misled regarding identity of medical provider by addition or omission of “Inc.” to provider’s name, and any defect in name was waived by insurer’s failure to object to defect until five years after suit was filed