Volume 16

16 Fla. L. Weekly Supp. 391a

Online Reference: FLWSUPP 165PITAL

Insurance — Personal injury protection — Insolvent insurers — Florida Insurance Guaranty Association Act — No error in granting summary judgment in favor of medical provider that submitted bill to insurer that was in rehabilitation and later became insolvent where provider complied with requirements of PIP law, and bill appears be covered claim under FIGA Act — Other bills that FIGA covered and on which it asserts it exhausted policy limits were gratuitous and should not be counted against policy limit — FIGA’s immunity does not extend to breach of contract actions

16 Fla. L. Weekly Supp. 390a

Online Reference: FLWSUPP 165DANIE

Insurance — Personal injury protection — Insolvent insurer — Florida Insurance Guaranty Association Act — No error in granting summary judgment in favor of medical provider that submitted bill to insurer that was in rehabilitation and later became insolvent where provider complied with requirements of PIP law, and bill appears be covered claim under FIGA Act — Other bills that FIGA covered and on which it asserts it exhausted policy limits were gratuitous and should not be counted against policy limit — FIGA’s immunity does not extend to breach of contract actions

16 Fla. L. Weekly Supp. 413b

Online Reference: FLWSUPP 165NIEVE

Insurance — Personal injury protection — Coverage — Claimant who failed to maintain insurance on own vehicle — Inoperable vehicle — Evidence — Abuse of discretion to exclude, on grounds of insufficiency, insurer’s evidence of prevailing weather conditions in area, proffered to rebut claimant’s assertion that inclement weather rendered own vehicle inoperable and thus exempt from requirement to maintain PIP coverage — Factual questions about contents of evidence go to weight to be given evidence, not its admissibility

16 Fla. L. Weekly Supp. 821a

Online Reference: FLWSUPP 169RODRI

Insurance — Personal injury protection — Coverage — Insured occupying vehicle not covered by policy — Where at time of accident insured was driving vehicle owned by insured’s resident wife who is named insured under policy, and policy excludes coverage for named insured while occupying vehicle owned by named insured and not covered under policy, insurer does not owe PIP benefits to insured or medical provider/assignee

16 Fla. L. Weekly Supp. 961a

Online Reference: FLWSUPP 1610BUCK

Insurance — Personal injury protection — Judicial notice — Motion to take judicial notice of Medicare schedule and workers’ compensation schedule is denied — Provision of PIP statute allowing consideration of evidence of federal and state fee schedules applicable to “automobile and other insurance coverages” does not include Medicare which is social welfare legislation, not insurance program — Insurer has failed to demonstrate that workers’ compensation schedule is material

16 Fla. L. Weekly Supp. 575b

Online Reference: FLWSUPP 166LAUR2

Insurance — Personal injury protection — Coverage — Medical expenses — Evidence — Judicial notice is taken of Medicare Part B Fee Schedule and Workers’ Compensation Fee Schedule

16 Fla. L. Weekly Supp. 335a

Online Reference: FLWSUPP 164SAYLE

Insurance — Personal injury protection — Judicial notice — Medicare Part B Participating Physician Fee Schedule and Workers’ Compensation Fee Schedule are relevant and shall be admissible at trial

16 Fla. L. Weekly Supp. 870a

Online Reference: FLWSUPP 169OAKLA

Insurance — Personal injury protection — Examination under oath is admissible under recorded recollection exception to hearsay rule

16 Fla. L. Weekly Supp. 947a

Online Reference: FLWSUPP 1610EMI2

Insurance — Personal injury protection — Examination under oath — Proper remedy for failure to satisfy condition precedent of submission to EUO which includes questions calling for narrative answer is dismissal without prejudice to satisfy condition precedent, not summary judgment

16 Fla. L. Weekly Supp. 305b

Online Reference: FLWSUPP 164DAVIS

Insurance — Personal injury protection — There is no legal duty presuit for insurer to provide insured or its assignee with copies of PIP policy, declarations page or PIP log