Volume 15

15 Fla. L. Weekly Supp. 1101b

Insurance — Personal injury protection — Explanation of benefits — Insurer is not required to provide EOB to medical provider where insurer has not rejected or reduced claim, and provider has not made presuit request for EOB

15 Fla. L. Weekly Supp. 621b

Insurance — Personal injury protection — Explanation of benefits — Sufficiency — Statement on checklist that “Bills were not in compliance with Florida statute based on disclosure” is not sufficient EOB — Medical provider’s failure to provide disclosure and acknowledgment form does not excuse insurer’s breach of contract for failure to provide EOB — Fact that provider suffered only nominal damages from breach does not preclude entry of partial summary judgment

15 Fla. L. Weekly Supp. 745b

Insurance — Personal injury protection — Explanation of benefits — Summary judgment is entered in favor of medical provider as to count alleging breach of contract for failure to provide EOB where insurer provided no EOB prior to suit and, in response to demand letter, provided letter stating reasons for denial that was neither itemized nor correct

15 Fla. L. Weekly Supp. 744c

Insurance — Personal injury protection — Explanation of benefits — Summary judgment is entered in favor of medical provider as to count alleging breach of contract for failure to provide EOB

15 Fla. L. Weekly Supp. 624c

Insurance — Personal injury protection — Explanation of benefits — Failure to provide — Complaint does not specifically and sufficiently plead cause of action for breach of contract regarding failure to furnish EOB where there is no actual pleading of damages or demand for relief

15 Fla. L. Weekly Supp. 1205a

Insurance — Personal injury protection — Explanation of benefits — Failure to provide — Medical provider is entitled to award of nominal damages as result of insurer’s failure to provide EOB — Trial court also finds that provider suffered actual damages

15 Fla. L. Weekly Supp. 1211a

Insurance — Personal injury protection — Explanation of benefits — Failure to provide — Where no damages arose from insurer’s failure to timely provide EOB, insured cannot prevail on breach of contract claim seeking damages for that inaction — Where legislature has not provided remedy for failure to comply with statutory mandate to provide EOB, court is barred from implying one

15 Fla. L. Weekly Supp. 179a

Insurance — Personal injury protection — Explanation of benefits — Failure to provide EOB may give rise to breach of contract claim — Declaratory judgment — Claim for declaratory relief for failure to provide EOB dismissed — Insurer’s obligation to provide policy, declarations page and/or PIP log on presuit request from assignee/medical provider — Despite case law determining that claimant is not entitled to PIP log under section 627.736(6)(d), question of whether claimant is entitled to log under section 627.736(4)(b) remains open and is proper subject for declaratory relief — Complaint states proper cause of action for breach of contract and declaratory relief for failure to provide declarations page and policy

15 Fla. L. Weekly Supp. 155e

Insurance — Personal injury protection — Explanation of benefits — Failure to provide EOB within 30 days of receipt of medical bill breached contract

15 Fla. L. Weekly Supp. 91a

Insurance — Personal injury protection — Explanation of benefits — Failure to provide — Letter cutting off benefits after independent medical examination is not EOB where letter was not sent to medical provider, was not labeled as EOB, is not itemized as required for EOB and did not give reasons for nonpayment of pre-IME bills — No merit to argument that letter substantially complied with EOB requirement