Volume 16

16 Fla. L. Weekly Supp. 1088b

Online Reference: FLWSUPP 1611LYNN

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 after expiration of policy, which provides for payment of 80% of 200% of Medicare Part B fee schedule, is applicable

16 Fla. L. Weekly Supp. 1079a

Online Reference: FLWSUPP 1611GARO

Insurance — Personal injury protection — Coverage — Policy issued during statutory gap period — 2008 PIP statute revised and amended all policies, including policy issued during statutory gap period created by sunsetting of PIP statute, to incorporate new PIP statute — Insurer was within rights to pay benefits pursuant to fee schedule established in 2008 statute

16 Fla. L. Weekly Supp. 1074a

Online Reference: FLWSUPP 1611PUER

Insurance — Personal injury protection — Coverage — Policy issued during statutory gap period — Where reenacted PIP statute expressly provided that reenacted law was effective January 1, 2008, and expressed legislative intent that changes be applied immediately to all claims arising after its enactment, insurer properly paid claim for treatment that occurred after January 1, 2008, at 80% of Medicare Part B fee schedule as provided for in reenacted statute — Change in reimbursement fee schedule did not amount to unconstitutional impairment of contract, since any right to PIP benefits did not vest until insured suffered covered accident and sought treatment, which was after effective date of reenacted statute

16 Fla. L. Weekly Supp. 1068b

Online Reference: FLWSUPP 1611MART

Insurance — Personal injury protection — Coverage — Policy issued during statutory gap period — Where reenacted PIP statute expressly provided that reenacted law was effective January 1, 2008, and expressed legislative intent that changes be applied immediately to all claims arising after its enactment, insurer properly paid claim for treatment that occurred after January 1, 2008, at 80% of Medicare Part B fee schedule as provided for in reenacted statute — Change in reimbursement fee schedule did not amount to unconstitutional impairment of contract, since any right to PIP benefits did not vest until insured suffered covered accident and sought treatment, which was after effective date of reenacted statute

16 Fla. L. Weekly Supp. 777a

Online Reference: FLWSUPP 168MAJOR

Insurance — Personal injury protection — Coverage — Medical expenses — Determination of applicable PIP statute is based on date of treatment and accident, not when policy was issued

16 Fla. L. Weekly Supp. 972b

Online Reference: FLWSUPP 1610BUIT

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 of statute 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 does not define what is reasonable expense, and insurer did not issue endorsement expressing election to pay based on Medicare fee schedule — Motion to amend final judgment to reflect payment at Medicare fee schedule is denied

16 Fla. L. Weekly Supp. 668b

Online Reference: FLWSUPP 167DAQUI

Insurance — Personal injury protection — Coverage — Medical expenses — Statutory amendment altering amount paid to medical providers under PIP statute operates prospectively and applies to all policies in effect on or after January 1, 2008

16 Fla. L. Weekly Supp. 668a

Online Reference: FLWSUPP 167BROW3

Insurance — Personal injury protection — Coverage — Medical expenses — Reasonable, related and necessary services — Statutory amendment reviving previously repealed No-Fault Law does not apply to insurance policy periods that expired before January 1, 2008 — Where accident occurred during policy period that expired before January 1, 2008, insured is entitled to 80% of charges for reasonable, related and necessary services despite fact that treatment at issue was provided after January 1

16 Fla. L. Weekly Supp. 463a

Online Reference: FLWSUPP 165FORES

Insurance — Personal injury protection — Coverage — Medical expenses — Law in effect at time of execution of PIP contract controls rights and liabilities of parties, irrespective of fact that plaintiff is medical provider/assignee rather than insured

16 Fla. L. Weekly Supp. 965a

Online Reference: FLWSUPP 1610GABA

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 of statute in effect at time of treatment after expiration of policy, which provides for payment of 80% of Medicare fee schedule, is applicable — Amendment at issue is not remedial amendment but substantive amendment that should not be applied retroactively