Volume 17

17 Fla. L. Weekly Supp. 1261a

Online Reference: FLWSUPP 1712CRAI

Insurance — Personal injury protection — Coverage — Medical expenses — Version of PIP statute in effect at time PIP policy was executed rather than version in effect at time of treatment, which provides for reduced payment, is applicable where statutory change is substantive

17 Fla. L. Weekly Supp. 1035b

Online Reference: FLWSUPP 1710MYRT

Insurance — Personal injury protection — Coverage — 2007 PIP statute that was in effect at time policy was executed requiring that medical expenses be paid at 80% of reasonable charges, rather than 2008 PIP statute which provides for reduced payment, is applicable

17 Fla. L. Weekly Supp. 1031a

Online Reference: FLWSUPP 1710AWOO

Insurance — Personal injury protection — Coverage — 2007 PIP statute in effect at time policy was executed rather than 2008 PIP statute in effect at time of treatment controls reimbursement where statutory change is substantive change and impairs vested rights

17 Fla. L. Weekly Supp. 845a Online Reference: FLWSUPP 1709EXAN Insurance — Personal injury protection — Coverage — Version of PIP statute in effect at

17 Fla. L. Weekly Supp. 842a

Online Reference: FLWSUPP 1709BURT

Insurance — Personal injury protection — Coverage — Version of PIP statute in effect at time PIP policy was executed, which provided for payment of 80% of reasonable charges, rather than version of statute in effect at time of treatment after expiration of policy, which provides for payment of 80% of 200% of Medicare fee schedule, controls reimbursement — Statutory amendment at issue is not remedial amendment but substantive amendment that should not be applied retroactively — Question certified

17 Fla. L. Weekly Supp. 824a

Online Reference: FLWSUPP 1709APOP

Insurance — Personal injury protection — Coverage — Medical expenses — Because amendment to PIP statute giving insurer option to pay charges at 200% of applicable Medicare Part B Fee Schedule is procedural in nature, amendment operates prospectively and applies to all policies in effect on or after January 1, 2008 — Question certified

17 Fla. L. Weekly Supp. 823a

Online Reference: FLWSUPP 1709ECHA

Insurance — Personal injury protection — Coverage — 2008 version of PIP statute, which incorporates Medicare fee schedule and states that all PIP policies in effect on or after effective date of statute are deemed to incorporate its provisions, does not apply to treatment rendered subsequent to effective date of statute when loss occurred and policy expired prior to effective date of statute — Question certified

17 Fla. L. Weekly Supp. 394b

Online Reference: FLWSUPP 1705SOLO

Insurance — Personal injury protection — Coverage — Medical expenses incurred during statutory “gap period” — Insurer correctly applied MRI fee schedule contained in 2007 PIP statute, which was in effect at time policy was issued, to MRI rendered during “gap period” created by sunsetting of PIP statute

17 Fla. L. Weekly Supp. 389a

Online Reference: FLWSUPP 1705BATI

Insurance — Personal injury protection — Coverage — Version of PIP statute in effect at time of treatment, which provides for payment of 80% of 200% of Medicare Part B fee schedule, rather than version in effect at time policy was executed, which provided for payment of 80% of reasonable charges, is applicable where there is no requirement in PIP statute that insurer amend policy to specifically reference 2008 statute before applying Medicare fee schedule and, if there was such a requirement, both 2008 statute and policy unequivocally provide for incorporation of statutory fee schedule provisions, 2008 statute retains requirement that charges be reasonable and only gives option to pay charges pursuant to Medicare fee schedule, and legislature pronounced statute to be remedial and curative in nature — Question certified

17 Fla. L. Weekly Supp. 296a

Online Reference: FLWSUPP 1704SUAR

Insurance — Personal injury protection — Coverage — 2007 PIP statute, which provides for payment of 80% of reasonable charges, rather than 2008 PIP statute in effect at time of treatment, which provides for reduced payment, is applicable where statutory change is substantive and impairs vested rights