Volume 17

17 Fla. L. Weekly Supp. 1042a

Online Reference: FLWSUPP 1710ANDR

Insurance — Personal injury protection — Complaint — Premature — PIP suit is abated to allow medical provider to submit amended demand letter to insurer

17 Fla. L. Weekly Supp. 984a

Online Reference: FLWSUPP 1710ABRE

Jurisdiction — County court — Insurance — Torts — Count asserting claim against insurer for failure to pay personal injury protection benefits was within jurisdiction of county court — However, second count seeking damages for bodily injury resulting from automobile accident alleged damages in excess of jurisdictional limits of county court — Trial court should have entered order on defendant’s motion to sever and motion to transfer before entering order on plaintiff’s motion for final judgment and motion for entitlement to fees and costs — Remand for further proceedings

17 Fla. L. Weekly Supp. 1145a

Online Reference: FLWSUPP 1711MURR

Insurance — Personal injury protection — Coverage — Medical expenses — Emergency services and care — Exhaustion of benefits — Hospital lien — PIP insurers are required to reserve no less than $5,000 of PIP benefits to compensate physicians and dentists licensed under specified chapters who provide emergency services — As of enactment of statute, this $5,000 reserve became an asset exempt from the Hospital Lien Law for 30 days after insurer receives notice of the accident, and exhaustion of benefits defense was not available to insurer, which exhausted benefits by paying entire benefit to hospital — Insurer’s motion for summary judgment denied

17 Fla. L. Weekly Supp. 1128a

Online Reference: FLWSUPP 1711ALBE

Insurance — Personal injury protection — Coverage — Endorsement providing for non-statutory no-fault coverage, which by its terms became effective when no-fault statute expired during policy term and remained effective until first renewal on or after effective date, replaced policy provision requiring insurer to reimburse in accordance with no-fault law and controls reimbursement for accident occurring after enactment of 2008 version of no-fault statute — No merit to argument that 2008 no-fault statute controls reimbursement of medical expenses incurred after renewal of policy where accident occurred when endorsement controlled

17 Fla. L. Weekly Supp. 1045a

Online Reference: FLWSUPP 1710MASS

Insurance — Personal injury protection — Declaratory judgment — Coverage — Demand letter was not required prior to filing complaint seeking declaration as to PIP coverage but not seeking to recover benefits — Injury to insured that occurred when loading ramp fell off bed of pickup truck while insured was backing lawnmower out of truck bed is loss covered under PIP policy

17 Fla. L. Weekly Supp. 1172a

Online Reference: FLWSUPP 1712DVAL

NOT FINAL VERSION OF OPINION
Subsequent Changes at 19 Fla. L. Weekly Supp. 617a

Insurance — Personal injury protection — Affirmative defenses — Amendment — In small claims case, trial court did not err in striking affirmative defense and denying leave to amend it on first day of trial, particularly as to defense of fraud that insurer repeatedly denied that it was alleging or pleading — No merit to claim that trial court erred in refusing to allow reading of deposition of unavailable witness where there was no limitation on reading of deposition imposed

17 Fla. L. Weekly Supp. 885a

Online Reference: FLWSUPP 1710SANC

Insurance — Personal injury protection — Coverage — Where undisputed facts showed that accident in which claimant was injured occurred approximately two and a half hours before contract of insurance was obtained, provider could not establish that contract of insurance existed that would cover loss — Doctrines of waiver and estoppel do not apply to create insurance coverage which was non-existent at time of accident

17 Fla. L. Weekly Supp. 126a

Online Reference: FLWSUPP 1702ACEV

Insurance — Personal injury protection — Conditions precedent — Mediation is not condition precedent to filing suit for PIP benefits

17 Fla. L. Weekly Supp. 125c

Online Reference: FLWSUPP 1702DARB

Insurance — Personal injury protection — Affirmative defense of payment which fails to set forth facts on which its conclusions are based is legally insufficient — Conditions precedent — Mediation — Claims for PIP benefits are not subject to pre-suit mediation requirements of section 627.745 — Answer and affirmative defenses stricken

17 Fla. L. Weekly Supp. 589a

Online Reference: FLWSUPP 1707ALME

Insurance — Personal injury protection — Examination under oath — Failure to attend — Where insured failed to attend EUO or provide reason for non-attendance, summary judgment is entered in favor of insurer — Attendance at EUO is condition precedent to recovery under PIP policy, not condition subsequent to recovery