Volume 16

16 Fla. L. Weekly Supp. 341c

Online Reference: FLWSUPP 164ROBIN

Insurance — Personal injury protection — Cause of action for nonpayment of PIP benefits accrued in county which is site of foreign insurer’s sole Florida office to which medical provider submitted its claim — No merit to argument that cause of action accrued in county in which provider maintains office to which payment was due to be sent — Motion to transfer venue granted

16 Fla. L. Weekly Supp. 1129a

Online Reference: FLWSUPP 1612HYMA

Insurance — Personal injury protection — Denial of benefits — Valid report — No merit to argument that valid report is not required where insurer denies PIP benefits rather than reducing or withdrawing benefits — Peer review report need not be based on physical examination performed by reporting physician to be valid report

16 Fla. L. Weekly Supp. 1028c

Online Reference: FLWSUPP 1611ROWE

Insurance — Personal injury protection — Coverage — Denial — Failure to maintain patient logs is not valid legal basis for insurer to deny payment of medical bills

16 Fla. L. Weekly Supp. 951b

Online Reference: FLWSUPP 1610BALI

Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Absent showing of bad faith or irregularity in manner in which bills were processed by insurer, neither insured nor medical provider/assignee can bring claim for benefits, statutory interest, or penalties where policy limits are exhausted and insurer has satisfied its contractual duties to insured — Insurer had no duty to escrow benefits pending resolution of contested claim

16 Fla. L. Weekly Supp. 622a

Online Reference: FLWSUPP 167RICHA

Insurance — Personal injury protection — Penalty for overdue benefits should be imposed only on benefits themselves, not on interest accrued on benefits

16 Fla. L. Weekly Supp. 181a

Online Reference: FLWSUPP 162WELLE

Insurance — Personal injury protection — Coverage — Medical expenses — Nerve conduction testing — Where medical provider performed NCV but did not perform needle electromyography procedure, insurer properly reimbursed provider using Participating Physician Fee Schedule for Medicare Part B — Motion for summary judgment on duty of insurer to provide payment for services not listed in coding system on date of service is denied where disputed issue of material fact exists as to whether CPT code is valid CPT code or was deleted from coding system prior to date of service

16 Fla. L. Weekly Supp. 762b

Online Reference: FLWSUPP 168BOUGH

Insurance — Personal injury protection — Confession of judgment — Where medical provider did not list March 4, 2004, date of service in first amended complaint, provider later listed date in bill of particulars, and provider subsequently filed second amended complaint that omitted date, second amended complaint superseded earlier pleading, and payment of March 4, 2004, bill did not constitute confession of judgment

16 Fla. L. Weekly Supp. 948b

Online Reference: FLWSUPP 1610DASO

Insurance — Personal injury protection — Conditions precedent — Mediation is not condition precedent to filing suit for PIP benefits — Prevailing medical provider is entitled to award of attorney’s fees

16 Fla. L. Weekly Supp. 1188a

Online Reference: FLWSUPP 1612PREM

Insurance — Personal injury protection — Coverage — Version of PIP statute in effect at time PIP policy was executed, which provided for payment of 80% of reasonable charges, rather than version in effect at time of treatment, which provides for payment of 80% of 200% of Medicare fee schedule, is applicable where statutory change is substantive, policy states that insurer will pay 80% of medical expenses and does not define reasonable expenses in relation to Medicare fee schedule, and insurer did not issue endorsement expressing election to pay based on Medicare fee schedule

16 Fla. L. Weekly Supp. 1185a

Online Reference: FLWSUPP 1612CORK

Insurance — Personal injury protection — Coverage — Version of PIP statute in effect at time PIP policy was executed, which provided for payment of 80% of reasonable charges, rather than version in effect at time of treatment, which provides for payment of 80% of 200% of Medicare fee schedule, is applicable where statutory change is substantive, and statement in policy that insurer “will pay in accordance with Florida Motor Vehicle No-Fault Law, as amended” does not clearly and unambiguously provide that insured has expressly consented to future statutory changes