Volume 15

15 Fla. L. Weekly Supp. 1010a

Insurance — Personal injury protection — Declaratory judgment — Coverage — Where medical provider has failed to allege basis for doubt as to whether there is coverage, and insurer has raised no coverage defenses, summary judgment is entered in favor of insurer on claim for declaratory relief as to coverage — Where insurer paid charges until exhaustion of policy limits, there has been no breach of policy — Explanation of benefits — Where insurer did not reduce, omit or decline any payments to provider, failure to provide EOB did not constitute breach of contract

15 Fla. L. Weekly Supp. 161b

Insurance — Personal injury protection — Declaratory judgment — Claim regarding whether insurer may recode CPT codes states viable cause of action for declaratory relief

15 Fla. L. Weekly Supp. 633a

Insurance — Personal injury protection — Declaratory judgment — Recoding CPT codes — Complaint states cause of action for declaratory relief for improper recoding of charges — Court ruling on motion to dismiss will not go outside four corners of complaint to consider explanation of benefits offered by insurer to show that it did not change CPT codes

15 Fla. L. Weekly Supp. 386b

Insurance — Personal injury protection — Declaratory judgment — CPT coding — Medical provider has stated viable cause of action for declaratory relief regarding recoding by insurer

15 Fla. L. Weekly Supp. 284a

Insurance — Personal injury protection — Declaratory judgment — Recoding CPT codes — Medical provider has stated viable cause of action for declaratory relief regarding whether insurer may recode CPT codes

15 Fla. L. Weekly Supp. 624b

Insurance — Personal injury protection — Declaratory judgment — Motion to dismiss count of complaint seeking declaratory relief as to insurance information is granted where there is no need for declaration as to breach of contract regarding PIP benefits that is real issue in case

15 Fla. L. Weekly Supp. 630a

Insurance — Personal injury protection — Arbitration — Count for declaratory relief

15 Fla. L. Weekly Supp. 722a

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, policy, and declarations page are denied — Argument that medical provider failed to furnish disclosure and acknowledgment form, which is outside four corners of pleadings and relates to other dates of service, is not considered in ruling on motion to dismiss

15 Fla. L. Weekly Supp. 374d

Insurance — Personal injury protection — Explanation of benefits — Motion to dismiss breach of contract claim for failure to provide EOB is denied — Declaratory action regarding insurer’s obligation to provide EOB is dismissed as unnecessary where statute is clear — Insurer’s obligation to provide copy of contract, declarations page, and/or PIP log upon presuit request from assignee/medical provider — Section 627.736 does not require insurer to provide PIP log presuit — Breach of contract claim and declaratory action for failure to provide declarations page and copy of policy are dismissed because insurer’s failure to comply with duty to provide documents should not be pled as separate counts, but should fall under breach of PIP contract claim

15 Fla. L. Weekly Supp. 882a

Insurance — Personal injury protection — Declaratory judgment — Dismissal — Appeals — Standard of review for dismissal of declaratory action based on failure to state cause of action is de novo — Complaint for declaratory relief was correctly dismissed for failure to state cause of action where medical provider claims in complaint that it requires policy and PIP log to determine its status as claimant and but fails to specify right about which it is unsure