Volume 16

16 Fla. L. Weekly Supp. 213b

Online Reference: FLWSUPP 163DEREN

Insurance — Personal injury protection — Withdrawal of benefits — Reasonable proof — Where trial court was correct in not admitting peer review report, albeit for wrong reasons, decision is upheld

16 Fla. L. Weekly Supp. 1036a

Online Reference: FLWSUPP 1611MALP

Insurance — Personal injury protection — Withdrawal of benefits — Valid report — No error in finding that peer review report was not valid report supporting withdrawal of benefits where report was based on incomplete medical records, did not attach the records reviewed, and conflicted with report of prior independent medical examination

16 Fla. L. Weekly Supp. 1078a

Online Reference: FLWSUPP 1611PAIZ

Insurance — Personal injury protection — Withdrawal of benefits — Valid report — Reconsideration of order granting final summary judgment in favor of medical provider due to untimeliness of records review affidavit is denied where insurer has presented no evidence as to why it did not attempt to secure affidavit until day it was due, and affidavit offers only conclusory opinion that injuries are not causally related to accident — Moreover, affidavit by physician who did not personally examine insured or review examination of insured is not valid report for purposes of denying or withdrawing PIP benefits

16 Fla. L. Weekly Supp. 446a

Online Reference: FLWSUPP 165AMAD2

Insurance — Personal injury protection — Withdrawal of benefits — Medical report issued by peer review physician does not raise issue of material fact to preclude summary judgment as to any bill for treatment pre-dating independent medical examination where there is no factual basis to support opinion, reporting physician did not examine insured or base report on examination of physician who performed IME, and reporting physician failed to set forth basis for opinions expressed — Report is further deficient because it conflicts with affidavit of IME physician, who concluded that further treatment was not necessary but did not opine that pre-IME bills were unnecessary, and because it was obtained in contemplation of litigation

16 Fla. L. Weekly Supp. 446a

Online Reference: FLWSUPP 165AMAD2

Insurance — Personal injury protection — Withdrawal of benefits — Medical report issued by peer review physician does not raise issue of material fact to preclude summary judgment as to any bill for treatment pre-dating independent medical examination where there is no factual basis to support opinion, reporting physician did not examine insured or base report on examination of physician who performed IME, and reporting physician failed to set forth basis for opinions expressed — Report is further deficient because it conflicts with affidavit of IME physician, who concluded that further treatment was not necessary but did not opine that pre-IME bills were unnecessary, and because it was obtained in contemplation of litigation

16 Fla. L. Weekly Supp. 446a

Online Reference: FLWSUPP 165AMAD2

Insurance — Personal injury protection — Withdrawal of benefits — Medical report issued by peer review physician does not raise issue of material fact to preclude summary judgment as to any bill for treatment pre-dating independent medical examination where there is no factual basis to support opinion, reporting physician did not examine insured or base report on examination of physician who performed IME, and reporting physician failed to set forth basis for opinions expressed — Report is further deficient because it conflicts with affidavit of IME physician, who concluded that further treatment was not necessary but did not opine that pre-IME bills were unnecessary, and because it was obtained in contemplation of litigation

16 Fla. L. Weekly Supp. 446a

Online Reference: FLWSUPP 165AMAD2

Insurance — Personal injury protection — Withdrawal of benefits — Medical report issued by peer review physician does not raise issue of material fact to preclude summary judgment as to any bill for treatment pre-dating independent medical examination where there is no factual basis to support opinion, reporting physician did not examine insured or base report on examination of physician who performed IME, and reporting physician failed to set forth basis for opinions expressed — Report is further deficient because it conflicts with affidavit of IME physician, who concluded that further treatment was not necessary but did not opine that pre-IME bills were unnecessary, and because it was obtained in contemplation of litigation

16 Fla. L. Weekly Supp. 446a

Online Reference: FLWSUPP 165AMAD2

Insurance — Personal injury protection — Withdrawal of benefits — Medical report issued by peer review physician does not raise issue of material fact to preclude summary judgment as to any bill for treatment pre-dating independent medical examination where there is no factual basis to support opinion, reporting physician did not examine insured or base report on examination of physician who performed IME, and reporting physician failed to set forth basis for opinions expressed — Report is further deficient because it conflicts with affidavit of IME physician, who concluded that further treatment was not necessary but did not opine that pre-IME bills were unnecessary, and because it was obtained in contemplation of litigation

16 Fla. L. Weekly Supp. 446a

Online Reference: FLWSUPP 165AMAD2

Insurance — Personal injury protection — Withdrawal of benefits — Medical report issued by peer review physician does not raise issue of material fact to preclude summary judgment as to any bill for treatment pre-dating independent medical examination where there is no factual basis to support opinion, reporting physician did not examine insured or base report on examination of physician who performed IME, and reporting physician failed to set forth basis for opinions expressed — Report is further deficient because it conflicts with affidavit of IME physician, who concluded that further treatment was not necessary but did not opine that pre-IME bills were unnecessary, and because it was obtained in contemplation of litigation

16 Fla. L. Weekly Supp. 446a

Online Reference: FLWSUPP 165AMAD2

Insurance — Personal injury protection — Withdrawal of benefits — Medical report issued by peer review physician does not raise issue of material fact to preclude summary judgment as to any bill for treatment pre-dating independent medical examination where there is no factual basis to support opinion, reporting physician did not examine insured or base report on examination of physician who performed IME, and reporting physician failed to set forth basis for opinions expressed — Report is further deficient because it conflicts with affidavit of IME physician, who concluded that further treatment was not necessary but did not opine that pre-IME bills were unnecessary, and because it was obtained in contemplation of litigation