Volume 15

15 Fla. L. Weekly Supp. 920a

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

15 Fla. L. Weekly Supp. 620a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 15 Fla. L. Weekly Supp. 920b

Insurance — Personal injury protection — Complaint — Premature — Demand for mediation — Statute which provides that filing of demand for mediation tolls requirements for filing suit for 60 days applies to first-party PIP claims

15 Fla. L. Weekly Supp. 1125b

Insurance — Personal injury protection — Complaint — Conditions precedent — Demand for mediation — Mediation is not mandatory condition precedent to filing PIP suit — Statute which provides that filing demand for mediation tolls requirements for filing personal injury suit for 60 days does not apply to PIP claims

15 Fla. L. Weekly Supp. 55a

Insurance — Homeowners — Coverage — Where terms “resident” and “in care of” are ambiguous in homeowners policy that defines “insured” to include named insured, residents of household, relatives and persons under 21 in care of those persons, contract is interpreted in favor of coverage of two-year-old child temporarily staying in home while mother looks for apartment

15 Fla. L. Weekly Supp. 805a

Health maintenance organizations — Declaratory judgment — Balance billing — Where sole provider of anesthesia at hospital under contract with HMO received authorization to deliver anesthesia services to HMO subscribers as part of hospital’s authorization for surgeries and to bill subscribers for those services, HMO is liable for services rendered by anesthesia provider — Where HMO accepted liability for payments to anesthesia provider, and provider was informed that HMO accepted liability and knew or should have known that HMO was liable, provider was prohibited by section 641.3154 from balance-billing subscribers — No merit to argument that HMO could not accept liability if it did not make full payment for services rendered — No merit to argument that provider is authorized to balance-bill by hospital’s consent to treatment form

15 Fla. L. Weekly Supp. 249a

Insurance — Personal injury protection — Claims — Timeliness — Requirement that medical bills be submitted to insurer within 35 days of treatment applies to medical providers but not insureds — Insurer’s claim that amendatory endorsement of policy excluding coverage for medical expenses not payable under No-Fault Act bars insured’s recovery is not dispositive where endorsement includes exceptions to exclusion in which coverage may be provided even though medical expenses are not payable under Act

15 Fla. L. Weekly Supp. 275b

Insurance — Personal injury protection — Coverage — Insured occupying vehicle not covered under policy — Where at time of accident insured was occupying vehicle owned solely by insured’s resident wife who is named insured under policy, and policy excludes coverage for named insured while occupying vehicle owned by named insured and not covered under policy, insurer does not owe PIP benefits to insured, wife or medical provider/assignee

15 Fla. L. Weekly Supp. 621a

Insurance — Personal injury protection — Coverage — Uninsured vehicle — Where insured was driving vehicle that was not insured under policy and of which he was owner, insured was not entitled to seek PIP benefits under policy — Summary judgment granted in favor of insurer

15 Fla. L. Weekly Supp. 98a

Insurance — Personal injury protection — Coverage — Injury while occupying vehicle owned by named insured but not insured under policy — Where plaintiff/named insured was injured while driving vehicle owned by his wife who is also named insured, vehicle was not insured under PIP policy, and exclusion of policy specifically provides for no coverage for injury sustained by named insured while occupying another vehicle owned by named insured and not insured under policy, plaintiff is precluded from coverage

15 Fla. L. Weekly Supp. 362a

Insurance — Homeowners — Exclusions — Policy excluded liability for all claims arising from death of minor passenger in go-cart owned, possessed and controlled by homeowner that collided with car while off of insured property