Volume 16

16 Fla. L. Weekly Supp. 264a

Online Reference: FLWSUPP 163BUITR

Insurance — Personal injury protection — Explanation of benefits — Response to presuit demand letter did not satisfy statutory requirement for insurer to provide EOB

16 Fla. L. Weekly Supp. 345a

Online Reference: FLWSUPP 164DIAS

Insurance — Personal injury protection — Insurer paying claim demanded in presuit demand letter must fully reimburse postal costs when reimbursement is requested by claimant

16 Fla. L. Weekly Supp. 135a

Online Reference: FLWSUPP 162PEACH

Insurance — Personal injury protection — Deductible — Although named insured could not elect deductible to apply to plaintiff who is covered under PIP policy but is not named insured or resident dependent relative, plaintiff could separately elect deductible for himself — Where plaintiff’s election of deductible is shown by signature on deductible election provision, and policy is not ambiguous, insurer was correct in applying deductible to plaintiff’s medical claims

16 Fla. L. Weekly Supp. 628a

Online Reference: FLWSUPP 167BROW2

Insurance — Personal injury protection — Coverage — Error to enter summary judgment in favor of medical provider where there remain disputed issues of material fact as to claimant’s relationship to and residency with named insured — Attorney’s fees award must also be reversed

16 Fla. L. Weekly Supp. 974a

Online Reference: FLWSUPP 1610ATKI

Insurance — Personal injury protection — Coverage — Passenger residing with person who owns motor vehicle must first look to household member’s PIP policy for coverage — However, because failure of household member to have required insurance on vehicle does not bar injured passenger from seeking coverage under driver’s policy, to prevail on summary judgment insurer must show existence of household member’s policy, not merely that household member owns vehicle that should have been insured

16 Fla. L. Weekly Supp. 349b

Online Reference: FLWSUPP 164LOPES

Insurance — Personal injury protection — Coverage — Passenger — Ownership of vehicle registered in state — Where passenger owned a vehicle which was registered in Florida and required to have insurance on date of accident, passenger must seek PIP benefits from insurer of her own vehicle — No merit to argument that insurer has burden to prove operability of vehicle

16 Fla. L. Weekly Supp. 205a

Online Reference: FLWSUPP 162GARC2

Insurance — Personal injury protection — Coverage — Claimant who failed to maintain insurance on own vehicle — Where claimant injured as passenger failed to maintain PIP insurance on own vehicle and failed to provide any evidence supporting claim that PIP policy covering vehicle in which she was injured inured to claimant’s benefit, final summary judgment is entered in favor of insurer — Inoperable vehicle — No merit to argument that insurer had burden to prove claimant’s vehicle was operable, that claimant was true and beneficial owner of vehicle and that vehicle is vehicle to which statutory requirement to maintain security for vehicles applies where claimant did not place insurer on notice that she was asserting any of those defenses

16 Fla. L. Weekly Supp. 594a

Online Reference: FLWSUPP 166LAURI

Insurance — Personal injury protection — Withdrawal of benefits — Medical report — Valid report for withdrawal of PIP benefits must be based on physical examination performed by reporting physician or physician who conducted independent medical examination, not physical examination by treating physician

16 Fla. L. Weekly Supp. 590b

Online Reference: FLWSUPP 166BUENO

Insurance — Personal injury protection — Withdrawal of benefits — Medical report — Valid report for purposes of withdrawal of PIP benefits may be supported by independent medical examination conducted at request of insurer, but not by physical examination by treating physician

16 Fla. L. Weekly Supp. 513c

Online Reference: FLWSUPP 166PRINC

Insurance — Personal injury protection — Withdrawal of benefits — Valid report for purposes of withdrawal of benefits must be based on physical examination of insured performed by person preparing report or review of physical examination of insured performed at request of insurer — No error in refusing to consider peer review report based on review of physical examination performed by treating physician or in entering summary judgment for medical provider