Volume 16

16 Fla. L. Weekly Supp. 817a

Online Reference: FLWSUPP 169TAVER

Insurance — Personal injury protection — Discovery — Medical records of nonparties — Appeals — Certiorari — Order to produce independent medical examination and peer review reports of nonparties and expert’s financial information meets threshold jurisdictional requirement for writ of certiorari where disclosure of reports and financial information will cause material injury that cannot be corrected on appeal — Requirement to disclose medical records of nonparties without notice to nonparties required by section 456.057(7) violated law — Error to compel production of expert’s financial information without finding unusual or compelling circumstances requiring production — Discovery order quashed

16 Fla. L. Weekly Supp. 911a

Online Reference: FLWSUPP 1610ROSA

Insurance — Personal injury protection — Discovery — Billing statements — Appeals — Certiorari — Where medical provider did not claim that requested documents were privileged or confidential, but merely that discovery was overbroad, provider has not established departure from essential requirements of law or shown how production would cause irreparable harm that could not be remedied on appeal — Petition denied

16 Fla. L. Weekly Supp. 109a

Insurance — Personal injury protection — Demand letter — Sufficiency — Demand letter that contained claim for services provided by four different medical providers yet included assignment of benefits to only one provider was sufficient where letter sufficiently advised insurer that it could have paid claim by issuing payment to assignee provider for its bills and payment to insured for three remaining providers’ bills — Demand letter is insufficient as to provider whose claim includes sums not yet overdue

16 Fla. L. Weekly Supp. 588a

Online Reference: FLWSUPP 166LEVY

Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form met statutory requirements despite listing services rendered as “chiro treatment, x-rays” where HCFA listing services and CPT codes was attached to D&A form — Demand letter was not insufficient for failing to account for partial payment made by insurer where check for partial payment was an offer to settle which was rejected by medical provider — Demand letter that stated total amount billed and amount that constituted 80% of those bills and that included copy of HCFA forms and billing ledger was sufficient

16 Fla. L. Weekly Supp. 579b

Online Reference: FLWSUPP 166ROSAR

Insurance — Personal injury protection — Demand letter — Sufficiency — Demand letter is not substantially compliant with statute where letter references single date of service but attached HCFA form is for two dates of service, and letter demands payment for “original amount” that is neither original amount billed for either date of service alone nor amount billed for both dates combined — Motion to dismiss granted

16 Fla. L. Weekly Supp. 770a

Online Reference: FLWSUPP 168DIAZ

Insurance — Personal injury protection — Demand letter — Premature — Insurer waived notice requirement and is estopped from raising issue of premature notice where insurer admitted that presuit notice requirement had been met and did not file any affirmative defense specifically pleading the failure to comply with pre-suit notice requirements — Motion for rehearing is granted and directed verdict entered in favor of insurer is reversed

16 Fla. L. Weekly Supp. 1156a

Online Reference: FLWSUPP 1612ROOS

Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Where original D&A form mailed to insurer contained only signature of treating physician, and when notified of that fact, physician mailed copy of D&A form to insured for his signature and thereafter submitted signed copy to insurer, D&A form satisfied statutory requirements — No merit to argument that entire case must be dismissed because medical provider concedes that one billing entry on initial bill is in error — Where there is issue of material fact as to what is owed for another billing entry, provider’s motion for summary judgment cannot be fully granted

16 Fla. L. Weekly Supp. 952a

Online Reference: FLWSUPP 1610SMIT

Insurance — Personal injury protection — Demand letter with attached ledger was sufficient to comply with statute

16 Fla. L. Weekly Supp. 267b

Online Reference: FLWSUPP 163JEAN

Insurance — Personal injury protection — Demand letter — Sufficiency — Demand letter to which was attached itemized statement that set forth name of medical provider who rendered treatment and each exact amount, date of treatment, and type of benefits claimed to be due, and which demanded full amount of benefits claimed to be due was legally sufficient — Further, where insurer failed to provide provider with any response asserting that demand letter was not in compliance with statutory requirements and failed to raise alleged insufficiency as affirmative defense, insurer waived defense

16 Fla. L. Weekly Supp. 513b

Online Reference: FLWSUPP 166HINES

Insurance — Personal injury protection — Demand letter — Sufficiency