Volume 16

16 Fla. L. Weekly Supp. 630a

Online Reference: FLWSUPP 167ADAMS

Insurance — Personal injury protection — Withdrawal of benefits — Valid medical report — PIP statute does not require physician preparing peer review report supporting withdrawal of benefits to examine insured or to state that every medical record has been examined

16 Fla. L. Weekly Supp. 633b

Online Reference: FLWSUPP 167LAFRA

Insurance — Personal injury protection — Withdrawal of benefits — Peer review report which states that reporting physician examined records from insured’s treating physician as well as those of two physicians who performed independent medical examinations was valid report to support withdrawal of benefits

16 Fla. L. Weekly Supp. 592a

Online Reference: FLWSUPP 166MARK

Insurance — Personal injury protection — Lost wages — Holidays — PIP insurer that is liable for lost wages is not obligated to pay for holiday when insured was paid by employer for holiday

16 Fla. L. Weekly Supp. 1081a Online Reference: FLWSUPP 1611CRNA Insurance — Personal injury protection — Legislative intent — Affidavit of congressman, which does not

16 Fla. L. Weekly Supp. 223b

Online Reference: FLWSUPP 163PERAL

Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — There is no requirement for insurer to reserve benefits for payment of disputed claims — Absent showing of bad faith, insurer is not liable for benefits, including interest, once benefits have been exhausted

16 Fla. L. Weekly Supp. 470a

Online Reference: FLWSUPP 165PEMBR

Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Where there was no bad faith on part of insurer, insurer was not required to reserve benefits to pay bill which was denied due to incomplete claim form

16 Fla. L. Weekly Supp. 364a

Online Reference: FLWSUPP 164MCCOR

Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — In absence of showing of bad faith, exhaustion of benefits extinguished any interest of insured and medical provider/assignee in benefits — There is no requirement that insurer set aside reserve fund for claims that are reduced or denied

16 Fla. L. Weekly Supp. 444b

Online Reference: FLWSUPP 165LEMA

Insurance — Personal injury protection — Independent medical examination — Failure to attend — Where insured failed to attend IME that was condition precedent to filing suit, medical provider may not pursue benefits, even for treatment rendered and billed before IME date — No merit to arguments that policy that is more stringent than statute in requiring submission to IME as condition precedent to suit is invalid, that there was no notice of IME because certified mail was returned, that insurer waived IME no-show defense by failing to cite failure to attend IME on explanation of benefits, that policy conditions precedent are not applicable to claimant who is not named insured, that failure to attend IME bars recovery for subsequent treatment but is not condition precedent to entire suit, that notice which states insured may forfeit rights under policy by failing to attend IME rather than affirmatively stating that rights will be forfeited is insufficient, and that appearance at examination under oath is partial compliance that precludes summary judgment for failure to attend IME

16 Fla. L. Weekly Supp. 665a

Online Reference: FLWSUPP 167KING

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. 261b

Online Reference: FLWSUPP 163MOLIN

Insurance — Personal injury protection — Complaint — Amendment — Denial — Motion to amend complaint to add cause of action for insurer’s failure to provide explanation of benefits is denied where alleged breach was not identified in demand letter