Volume 17

17 Fla. L. Weekly Supp. 162a

Online Reference: FLWSUPP 1703REST

Insurance — Personal injury protection — Summary judgment — Trial court, in ruling on insured’s motion for summary judgment, erred in making inference in favor of insured that, because independent medical examination report indicated no further treatment was necessary, all prior treatment must have been necessary

17 Fla. L. Weekly Supp. 978a

Online Reference: FLWSUPP 1710ROJA

Insurance — Personal injury protection — Coverage — Medical expenses — Whether treatment after certain date was reasonable, related, and necessary was fact question to be decided by jury in the face of contrary affidavits — Trial court erred in refusing to consider affidavit of peer review physician on ground that report was obtained after suit was filed — New trial required

17 Fla. L. Weekly Supp. 248b

Online Reference: FLWSUPP 1704GON2

Insurance — Personal injury protection — Coverage — Reasonable, related and necessary services — Summary judgment — In entering summary judgment in favor of medical provider on issue of reasonableness, relatedness and necessity of services, trial court erred in declining to consider peer review because it was not based on independent medical examination — Where insurer failed to argue to trial court that medical provider’s affidavit did not establish that accident occurred, insurer failed to preserve issue for appeal

17 Fla. L. Weekly Supp. 81a

Online Reference: FLWSUPP 1702CARR

Insurance — Personal injury protection — Coverage — Reasonable, related and necessary treatment — Summary judgment — Peer review — Error to enter summary judgment in favor of medical provider after refusing to consider opposing affidavit prepared by peer review physician who reviewed examination and treatment records of insured, but did not personally examine insured

17 Fla. L. Weekly Supp. 702a

Online Reference: FLWSUPP 1708SER2

Insurance — Personal injury protection — Coverage — Medical expenses — Reasonable, related and necessary expenses — Affidavit of physician who conducted independent medical examination report which attempts to incorporate attached IME report, but fails to state proper foundation for admissibility under exception to hearsay rule, is legally insufficient — Court defers ruling on dates of service after IME cutoff to allow insurer to obtain legally sufficient affidavit and enters summary judgment for medical provider as to dates of service prior to cutoff

17 Fla. L. Weekly Supp. 1230a

Online Reference: FLWSUPP 1712SA

INInsurance — Personal injury protection — Abatement — Premature suit is abated to afford medical provider opportunity to submit new demand letter and insurer opportunity to pay sum demanded

17 Fla. L. Weekly Supp. 660a

Online Reference: FLWSUPP 1708ADVA

Insurance — Personal injury protection — Coverage — MRI — PIP statute does not authorize insurer to utilize special rule for imaging services in U.S. Code, hospital outpatient prospective payment system or any other Medicare restrictions or limitations not expressly described in section 627.736(5)(a)2.f, 3 and 4 when determining amounts due for MRI services provided in non-emergency, non-hospital setting since January 1, 2008

17 Fla. L. Weekly Supp. 458b

Online Reference: FLWSUPP 1706AFO

Insurance — Personal injury protection — Coverage — Magnetic resonance imaging — Insurers are not authorized by section 627.736(5)(a)2.f., 3 or 4 to cap amount of PIP benefits paid for MRI services provided in non-emergency, non-hospital setting by applying Medicare hospital outpatient prospective payment system or any other Medicare restriction or limitations not specified in subsections of PIP statute

17 Fla. L. Weekly Supp. 368aOnline Reference: FLWSUPP 1705AFOInsurance — Personal injury protection — Coverage — Magnetic resonance imaging — Insurers are not authorized by

17 Fla. L. Weekly Supp. 1037a

Online Reference: FLWSUPP 1710AQUI

Insurance — Personal injury protection — Coverage — Where provision of 2008 PIP statute allowing insurer to limit reimbursement to 80% of 200% of Medicare fee schedule is permissive, policy language providing that insured will pay 80% of reasonable expenses controls reimbursement