Volume 16

16 Fla. L. Weekly Supp. 1068a

Online Reference: FLWSUPP 1611APER

Insurance — Personal injury protection — Affirmative defenses — Accord and satisfaction — Where medical provider has submitted affidavit attesting that provider’s acceptance of insurer’s check for reduced payment was not intended as full and final settlement of provider’s entire claim, factual issue exists as to intent to effectuate accord and satisfaction, and summary judgment is precluded

16 Fla. L. Weekly Supp. 1171a

Online Reference: FLWSUPP 1612MART

Insurance — Personal injury protection — Accord and satisfaction — Conspicuous statement — Where writing stating that check was full and final payment for PIP benefits was in capital letters, but writing was in smaller font than other writing on check and was included among two other lines of similar font, and writing was not in contrasting color or set off by any symbol or mark that would call attention to language, language is not conspicuous in relation to whole of instrument — Insurer’s motion for final summary judgment denied

16 Fla. L. Weekly Supp. 722a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 17 Fla. L. Weekly Supp. 327a

Online Reference: FLWSUPP 168UBEDA

Insurance — Personal injury protection — Demand letter — Premature sending of demand letter before claim was overdue is deficiency that could not be cured by sending second demand letter while lawsuit was pending — Premature demand letter is deficiency which necessitates abatement or voluntary dismissal

16 Fla. L. Weekly Supp. 979a

Online Reference: FLWSUPP 1610JAIM

Insurance — Personal injury protection — Misrepresentations — By proceeding with claim as if no material misrepresentation existed, insurer waived right to assert that defense

16 Fla. L. Weekly Supp. 854a

Online Reference: FLWSUPP 169GIBBS

Insurance — Personal injury protection — Med Pay — Insurer that paid benefits from Med Pay coverage after receipt of demand letter was not required to pay interest, penalty, and postage

16 Fla. L. Weekly Supp. 593a

Online Reference: FLWSUPP 166GODOY

Insurance — Personal injury protection — Mediation — Failure to appear — Sanctions — Neither medical provider’s attorney nor staff member of law firm can be representative of provider when mediation order requires provider’s appearance at mediation, even if provider has given purported representative full authority to settle case — Dismissal is not warranted where provider offered some legal argument to support conduct and complied with mediation order after motion for sanctions was filed — Attorney’s fees awarded as sanction

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. 388a

Online Reference: FLWSUPP 165LEVIN

Torts — Negligence — Insured’s action against insurer for breach of duty to ensure adequacy of policy limits — Error to dismiss complaint where four corners of complaint set forth elements of duty of care, breach of that duty, causation and damages and attached documents demonstrating that insurer raised insured’s policy limits on personal property and loss of use every year while limits on residence, personal liability and medical payments to others remained the same could support claim that insurer acted as insured’s agent and owed duty of care

16 Fla. L. Weekly Supp. 763c

Online Reference: FLWSUPP 168STEVE

Insurance — Personal injury protection — Insolvent insurers — Florida Insurance Guaranty Association Act — Motion to dismiss PIP case pursuant to provision of FIGA prohibiting commencement or continuation of action against insolvent insurer is denied where insurer was subject of order of rehabilitation, not order of liquidation — Insurer that is subject to order of rehabilitation is not “insolvent insurer” as defined by FIGA