Volume 16

16 Fla. L. Weekly Supp. 868a

Online Reference: FLWSUPP 169STAT3

Insurance — Personal injury protection — Reimbursement by insurer of commercial vehicle

16 Fla. L. Weekly Supp. 469a

Online Reference: FLWSUPP 165DISCO

Insurance — Personal injury protection — Reimbursement by insurer of commercial vehicle — Where insured of PIP carrier was injured in accident while driving sedan owned by his employer and insured through commercial motor vehicle policy, PIP carrier was not entitled to reimbursement of PIP benefits pursuant to section 627.7405, which allows for reimbursement to PIP carriers of private passenger vehicles by insurer of commercial vehicles involved in accident — Under statutory definition, sedan is private passenger vehicle regardless of use

16 Fla. L. Weekly Supp. 1173a

Online Reference: FLWSUPP 1612MARU

Insurance — Personal injury protection — Pretrial exhibit list using overly broad “any and all” language is stricken

16 Fla. L. Weekly Supp. 103a

Insurance — Personal injury protection — No merit to argument that insurer was required to pay 10% penalty not just on benefits due, but on benefits plus interest

16 Fla. L. Weekly Supp. 854b

Online Reference: FLWSUPP 169LEVY

Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Where medical provider used self-generated D&A form rather than standard form adopted by the Department of Financial Services, and insured did not sign D&A form on initial date of treatment, provider did not provide insurer with notice of covered loss

16 Fla. L. Weekly Supp. 93a

Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Nothing in sections 627.736(4) or (5) suggests that D&A form is written notice of covered loss or that failure to provide form precludes payment to medical provider — No merit to argument that section 627.736(5)(e) is rendered useless in absence of remedy for insurer for not providing form where statute serves purpose of insuring informed consent of patient to services rendered — Motion for rehearing denied

16 Fla. L. Weekly Supp. 92b

Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Nothing in sections 627.736(4) or (5) suggests that D&A form is written notice of covered loss or that failure to provide form precludes payment to medical provider — No merit to argument that section 627.736(5)(e) is rendered useless in absence of remedy for insurer for not providing form where statute serves purpose of insuring informed consent of patient to services rendered — Motion for rehearing denied

16 Fla. L. Weekly Supp. 37b

Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Insurer did not waive right to raise affirmative defense of failure to submit D&A form by failing to issue explanation of benefits

16 Fla. L. Weekly Supp. 176a

Online Reference: FLWSUPP 162TYSON

Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Medical provider that did not furnish D&A form to insurer failed to provide written notice of covered loss — Insurer is not estopped from asserting D&A form defense by initialing paying claims and then denying further payment based on independent medical examination — Medical provider opposing motion for summary judgment concerning failure to provide D&A form must present counter-evidence sufficient to reveal genuine issue of material fact, not merely assert that issue exists

16 Fla. L. Weekly Supp. 351a

Online Reference: FLWSUPP 164MITIA

Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form is legally sufficient where form lists service as “physical therapy” and attached HCFA form and medical records list actual CPT codes rendered