Volume 17

17 Fla. L. Weekly Supp. 292b

Online Reference: FLWSUPP 1704MODI

NOT FINAL VERSION OF OPINION
Subsequent Changes at 17 Fla. L. Weekly Supp. 389aInsurance — 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 — Question certified whether the fee schedules included in the legislature’s January 1, 2008 reenactment/revision to the Florida no-fault law apply to policies which were in effect on or after January 1, 2008

17 Fla. L. Weekly Supp. 1042b

Online Reference: FLWSUPP 1710MUSC

Insurance — Personal injury protection — Coverage — Medical expenses — 2007 PIP statute that was in effect at time policy was executed, rather than 2008 PIP statute which provides for reduced payment, is applicable — Question certified

17 Fla. L. Weekly Supp. 226a

Online Reference: FLWSUPP 1703DORS

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 in effect at time of treatment, which provides for payment of 80% of 200% of Medicare fee schedule, is applicable where statutory change is substantive, and statement in policy that insurer “will pay in accordance with Florida Motor Vehicle No-Fault Law, as amended” does not clearly and unambiguously provide that insured has expressly consented to future statutory changes

17 Fla. L. Weekly Supp. 223a

Online Reference: FLWSUPP 1703FAZI

Insurance — Personal injury protection — Coverage — PIP policy, which provides for payment of 80% of reasonable charges, rather than version of PIP statute in effect at time of treatment, which provides for payment of 80% of 200% of Medicare Part B fee schedule, is applicable where no PIP statute was in effect at time of policy execution, statutory change is substantive, and contract language stating that if contract fails to comply with insurance laws it is amended to comply with laws is insufficient to demonstrate clear and unambiguous consent to incorporate amendments to PIP statute

17 Fla. L. Weekly Supp. 222b

Online Reference: FLWSUPP 1703LYNN

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 in effect at time of treatment after expiration of policy, which provides for payment of 80% of 200% of Medicare Part B fee schedule, is applicable — Question certified

17 Fla. L. Weekly Supp. 221b

Online Reference: FLWSUPP 1703AYAL

Insurance — Personal injury protection — Coverage — PIP policy, which provides for payment of 80% of reasonable charges, rather than version of PIP statute in effect at time of treatment, which provides for payment of 80% of 200% of Medicare Part B fee schedule, is applicable where no PIP statute was in effect at time of policy execution and statutory change is substantive and impairs vested rights

17 Fla. L. Weekly Supp. 197a

Online Reference: FLWSUPP 1703JOHN

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 PIP policy was executed, which provided for payment of 80% of reasonable charges, is applicable where legislature pronounced statute to be remedial and curative, changes are procedural in nature and do not affect substantive rights, medical provider/assignee had no vested rights regarding policy until 2008 date of service, and 2008 statute retains requirement that charges be reasonable and only gives option to pay charges pursuant to Medicare fee schedule — Question certified

17 Fla. L. Weekly Supp. 196a

Online Reference: FLWSUPP 1703DOMI

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 PIP policy was executed, which provided for payment of 80% of reasonable charges, is applicable where legislature pronounced statute to be remedial and curative, changes are procedural in nature and do not affect substantive rights, medical provider/assignee had no vested rights regarding policy until 2008 date of service, 2008 statute retains requirement that charges be reasonable and only gives option to pay charges pursuant to Medicare fee schedule, and statement in policy that insurer “will pay in accordance with Florida Motor Vehicle No-Fault Law, as amended” clearly and unambiguously expresses intent of parties that any subsequent amendments to PIP statute were to become part of controlling document and govern reimbursements — Question certified

17 Fla. L. Weekly Supp. 34b

Online Reference: FLWSUPP 1701OMEG

Insurance — Personal injury protection — Coverage — Where reenacted PIP statute expressly provided that law was effective January 1, 2008, and expressed legislative intent that changes be applied immediately to all claims arising after its enactment, insurer properly paid claim for treatment that occurred after January 1, 2008, at 80% of Medicare Part B fee schedule as provided for in reenacted statute

17 Fla. L. Weekly Supp. 916a

Online Reference: FLWSUPP 1710THOM

Insurance — Personal injury protection — Accord and satisfaction — No error in denying insurer’s motion for summary judgment on affirmative defense of accord and satisfaction and granting medical provider’s competing motion for summary judgment where insurer did not show that provider agreed that check tendered for payment of PIP benefits was in full payment of all claims, and insurer offered nothing to refute provider’s affidavit indicating that there was no agreement between parties that check was in full payment and in accord and satisfaction