Volume 17

17 Fla. L. Weekly Supp. 465b

Online Reference: FLWSUPP 1706CHAU

Insurance — Personal injury protection — Settlement — Enforcement — Insurer’s motion to enforce settlement is denied where insurer tendered settlement check containing “full and final settlement” notation which was not mentioned in settlement negotiations

17 Fla. L. Weekly Supp. 820a

Online Reference: FLWSUPP 1709IMLE

Criminal law — Post conviction relief — Ineffective assistance of counsel — Where defense counsel did not discuss allegations in police report with defendant or elicit defendant’s recitation of facts and circumstances surrounding arrest, and but for these failures of counsel defendant would not have entered plea of nolo contendere to DUI charge, motion to withdraw plea and/or for post conviction relief is granted

17 Fla. L. Weekly Supp. 1123a

Online Reference: FLWSUPP 1711COMM

Insurance — Personal injury protection — Reimbursement — Commercial carrier — Insurer of owner of commercial motor vehicle is obligated to reimburse PIP insurer for all no-fault benefits paid on behalf of insured notwithstanding lack of PIP coverage in commercial vehicle policy

17 Fla. L. Weekly Supp. 138b

Online Reference: FLWSUPP 1702POLY

Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Medical provider substantially complied with D&A form requirement — Insurer cannot raise deficiency of D&A form as defense after payment of claim

17 Fla. L. Weekly Supp. 190b

Online Reference: FLWSUPP 1703PERL

Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Nothing in sections 627.736(4) or (5) suggests that D&A form is written notice of covered loss or that failure to provide form precludes payment to medical provider — No merit to argument that section 627.736(5)(e) is rendered useless in absence of remedy for insurer for not providing form where statute serves purpose of encouraging the reporting of fraud

17 Fla. L. Weekly Supp. 132a

Online Reference: FLWSUPP 1702TRAP

Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Where insurer failed to provide any evidence in opposition to medical provider’s assertion that it provided two D&A forms which contained all services rendered on initial date of service, there is no genuine issue of fact precluding entry of partial summary judgment on affirmative defense of invalid D&A form — Even if some services rendered were missing from forms, attachment of HCFA forms or medical bills would render D&A forms compliant — Further, any material defect in D&A form would only result in non-payment for initial date of service

17 Fla. L. Weekly Supp. 199b

Online Reference: FLWSUPP 1703FORB

Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Failure to submit D&A form constitutes failure to provide notice of covered loss — Providers of diagnostic services are exempt from requirement to obtain insured’s countersignature on D&A form, but are not exempt from requirement to submit form

17 Fla. L. Weekly Supp. 1027b

Online Reference: FLWSUPP 1710BAR2

Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Failure to provide properly completed D&A form is not equivalent to no notice of covered loss — D&A form is not condition precedent to payment of medical bills — Where medical provider is clinic or medical institution, D&A form requirement only applied to initial date of service, irrespective of number of different medical professionals at facility who rendered subsequent treatment

17 Fla. L. Weekly Supp. 472a

Online Reference: FLWSUPP 1706GARR

Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Failure of medical clinic to provide D&A form satisfactory to insurer does not bar claim for initial visit or subsequent visits of insured for treatment related to same accident — Because PIP policy and PIP statute incorporated therein do not make provision of sufficient D&A form necessary condition precedent to PIP claims, failure to provide form cannot constitute material breach of PIP contract — No merit to argument that requirement for D&A form applies to initial visit to each medical professional employed by medical clinic who is licensed under different chapter; statute only requires one form from clinic or medical institution

17 Fla. L. Weekly Supp. 1001b

Online Reference: FLWSUPP 1710MONG

Insurance — Personal injury protection — Provider can properly furnish an insurer with written notice of the fact of a covered loss and of the amount of the same under section 627.736(4)(b) even if it fails to submit valid Disclosure & Acknowledgment form as required under section 627.736(5)(e) — Trial court erred in entering judgment in favor of insurer on ground that D&A form submitted by provider, which did not indicate the services provided, was invalid