Volume 16

16 Fla. L. Weekly Supp. 503a

Online Reference: FLWSUPP 166SILA

Insurance — Personal injury protection — Coverage — Withdrawal of benefits — Retroactive notice of withdrawal — Effective date of cessation of benefits was date of independent medical examination that resulted in opinion that no further treatment would be reasonable, related or necessary, not date two weeks later when insurer generated letter withdrawing benefits

16 Fla. L. Weekly Supp. 17b

NOT FINAL VERSION OF OPINION
Subsequent Changes at 16 Fla. L. Weekly Supp. 503a

Insurance — Personal injury protection — Coverage — Withdrawal of benefits — Retroactive notice of withdrawal — Insurer was required to provide notice of termination of benefits to insured and medical provider — Where insured continued receiving medical treatment from provider in two-week period between independent medical examination and receipt of notice of termination of benefits effective on date of IME, and neither insured nor provider made attempt to contact insurer to determine results of IME, there is genuine issue of material fact as to whether notification was sent in reasonable time and whether medical treatment rendered after IME was reasonable, related and necessary — Error to enter summary judgment in favor of provider

16 Fla. L. Weekly Supp. 182a

Online Reference: FLWSUPP 162TAPLI

Insurance — Personal injury protection — Coverage — Medical expenses — Injury caused by physical contact with motor vehicle — Where insured injured knee and ankle when he slipped in ditch four feet away from vehicle while carrying brush to wood chipper attached to rear of vehicle, incident did not involve contact with vehicle and lacks necessary causal relation between injury and automobile to warrant coverage — Later pain experienced by insured while exiting vehicle was continuation from initial injury and does not qualify as separate injury for purposes of determining coverage

16 Fla. L. Weekly Supp. 964e

Online Reference: FLWSUPP 1610KALY

Insurance — Personal injury protection — Summary judgment — Exhaustion of policy limits — Factual issues preclude summary judgment

16 Fla. L. Weekly Supp. 973a

Online Reference: FLWSUPP 1610AGTE

Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Once benefits have been exhausted, medical provider is not entitled to recover unless it can show that insurer acted in bad faith in denying claim — Denial of claim based on insufficiencies in disclosure and acknowledgment form cannot be in bad faith where there is case law which supports denial

16 Fla. L. Weekly Supp. 179a

Online Reference: FLWSUPP 162RIVER

Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Where PIP benefits were exhausted, and there is no allegation that insurer acted in bad faith, insurer has no liability for further benefits — Insurer was not required to escrow funds pending resolution of contested claim

16 Fla. L. Weekly Supp. 92a

Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Insurer is not required to set aside reserve for disputed claim and, in absence of bad faith, insurer is not liable for benefits once benefits have been exhausted

16 Fla. L. Weekly Supp. 1125a

Online Reference: FLWSUPP 1612PROG

Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Error to enter summary judgment in favor of medical provider where benefits had been exhausted, and there was no finding of bad faith on part of insurer — Error to rely on English Rule for priority of payments

16 Fla. L. Weekly Supp. 323a

Online Reference: FLWSUPP 164NORTH

Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Insurer is not authorized to raise deficiency in D&A form after payment of initial bill or raise deficiency as defense to refuse payment of subsequent bills where neither the insured nor the medical provider were notified of deficiency before payment of initial bill — Provider was not required to submit corrected claim form within 35 days of insurer’s notice that claim was denied due to deficient claim form

16 Fla. L. Weekly Supp. 782b

Online Reference: FLWSUPP 168GRIFF

Insurance — Personal injury protection — Venue — Medical provider had right to elect to pursue action against foreign insurer in county where provider’s principal place of business is located as that is place where cause of action for nonpayment of PIP benefits accrued in absence of any agreement as to place of payment — Transfer of venue for convenience of parties would be improper where no affidavits or other sworn proof was submitted in support of motion