Volume 15

15 Fla. L. Weekly Supp. 373a

Insurance — Personal injury protection — Discovery — Insurer is required to produce all amounts paid for CPT code at issue within county during six-month period, records reflecting how it determined benefits owed to medical provider, and documents justifying reduced charge

15 Fla. L. Weekly Supp. 1188a

Insurance — Personal injury protection — Demand letter — Medical provider that continued to provide treatment to insured after insurer withdrew benefits was not required to furnish written plan for additional treatment to insurer as condition precedent to serving demand letter and filing suit — Medical provider had option to simply continue treatment with risk of nonpayment or attempt to gain insurer’s concession to continued coverage through treatment plan

15 Fla. L. Weekly Supp. 1206a

Insurance — Personal injury protection — Demand letter — Three demand letters for three periods of service comply with section 627.736(11), despite fact that ledger attached to each demand letter lists all dates of service, where each letter on its face specifies dates of service and charges claimed by that letter and amount claimed can be easily verified by reference to ledger

15 Fla. L. Weekly Supp. 99a

Insurance — Personal injury protection — Demand letter that includes sums already paid by insurer is not legally sufficient

15 Fla. L. Weekly Supp. 390b

Insurance — Personal injury protection — Demand letter — Sufficiency — Demand letter was not deficient for demanding payment for dates of service already paid in full by insurer and claiming inaccurate amount due

15 Fla. L. Weekly Supp. 1209a

Insurance — Personal injury protection — Demand letter — Demand letter to which insured attached patient ledger and therapy notes, but which did not otherwise state exact amount claimed to be due, fails to satisfy statutory requirements — Further, demand letter was not sent to person specified by insurer for purposes of receiving such notices

15 Fla. L. Weekly Supp. 156b

Insurance — Personal injury protection — Demand letter — Sufficiency — Presuit demand letter with attached ledger identifying all charges and not acknowledging payments made by insurer did not comply with statute — Summary judgment entered in favor of insurer

15 Fla. L. Weekly Supp. 823a

Insurance — Personal injury protection — Demand letter — Sufficiency — Demand letter that included copy of previously submitted claim form for single MRI service billed by medical provider complied with statute — Fact that claim form states amount in excess of MRI fee schedule does not render demand letter defective — Further, any defect in failing to state exact amount of claim was waived by insurer’s failure to raise defect in response to demand letter — No merit to argument that demand letter must account for deductible or calculate percentage payable

15 Fla. L. Weekly Supp. 1029a

Insurance — Personal injury protection — Demand letter — Sufficiency — Demand letter that did not provide amount of postage medical provider now claims in complaint and requested amount not due at time letter was served failed to satisfy condition precedent to PIP action — Insurer’s motion for final summary judgment is granted

15 Fla. L. Weekly Supp. 1189a

Insurance — Personal injury protection — Demand letter that did not state exact amount claimed, but instead attached billing ledgers for three medical providers and claimed entire amount billed without deduction of any amounts insurer had paid, did not satisfy condition precedent of filing demand letter — Standing — Assignment — Insured who had not obtained revocation of assignments given to two providers did not have right to serve demand letter for those providers’ bills