Volume 15

15 Fla. L. Weekly Supp. 498a

Insurance — Personal injury protection — Declaratory judgment — Insurer has obligation to provide policy and declarations page on presuit request from assignee/medical provider — Obligation was not satisfied by furnishing documents to insured at inception of claim

15 Fla. L. Weekly Supp. 491b

Insurance — Personal injury protection — Declaratory judgment — Assignee medical provider is entitled to maintain action to determine or enforce right to copy of policy and declarations page — Insurer did not satisfy obligation to furnish documents to provider by furnishing information to insured

15 Fla. L. Weekly Supp. 374a

Insurance — Personal injury protection — Complaint states cause of action for breach of contract and declaratory relief for failure to provide policy and declarations page — Motion to dismiss denied

15 Fla. L. Weekly Supp. 845b

Insurance — Personal injury protection — Declaratory judgment — Assignee medical provider may maintain actions for declaratory relief and breach of contract to determine or enforce right to copy of PIP policy and declarations page under section 627.4137 — No merit to arguments that insurer satisfied obligation by furnishing information to insured, that statute applies only to third-party claims, that assignment of benefits does not specifically assign right to policy and declarations page, or that provider failed to comply with preconditions of section 627.736

15 Fla. L. Weekly Supp. 1031a

Insurance — Personal injury protection — Declaratory judgment — PIP log — Where insurer was not required to provide PIP log to insured, insured never requested PIP log, insurer nonetheless provided log to insured presuit, and there is no present controversy regarding coverage or payment of medical bills, insurer is entitled to summary judgment in declaratory action for PIP log

15 Fla. L. Weekly Supp. 929b

Insurance — Personal injury protection — Declaratory judgment — PIP insurer is not required to provide PIP log to assignee/medical provider upon pre-suit request — There is no basis for provider’s claim that insurer breached contract by failing to furnish requested policy information — Knowledge of policy and declarations page previously furnished to assignor/insured is imputed to provider, and insurer indicated in response to demand letter that it had provided requested documents — Explanation of benefits — Insurer did not breach policy by failing to provide EOB where insurer did not deny or reduce any charges but paid charges until exhaustion of policy limits, at which time insurer provided EOB

15 Fla. L. Weekly Supp. 483a

Insurance — Personal injury protection — Declaratory judgment — Motion to dismiss action seeking determination of whether insurer had right to unilaterally recode medical provider’s charges is denied where determination will resolve actual dispute at issue in case — Fact that provider can obtain complete relief in another pending civil action does not preclude declaratory judgment

15 Fla. L. Weekly Supp. 725a

Insurance — Personal injury protection — Explanation of benefits — Failure to provide EOB is material breach of PIP contract — Motion to dismiss counts claiming breach of contract and seeking declaratory relief regarding failure to provide EOB is denied — Argument that medical provider failed to furnish disclosure and acknowledgment form not considered in ruling on motion to dismiss because argument is outside four corners of pleadings and relates to other dates of service

15 Fla. L. Weekly Supp. 481a

Insurance — Personal injury protection — Explanation of benefits — Medical provider may state cause of action for breach of contract or declaratory relief for failure to provide EOB — Assignee/medical provider may maintain action for copy of policy and declarations page

15 Fla. L. Weekly Supp. 624a

Insurance — Personal injury protection — Declaratory judgment — Allegations seeking advisory opinion as to sufficiency of demand letter do not fall within bounds of what should be sought for declaratory relief