Volume 17

17 Fla. L. Weekly Supp. 1001a

Online Reference: FLWSUPP 1710DINK

Insurance — Personal injury protection — Coverage — Medical expenses — Notice of loss — 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 listed services provided as “Consult/Procedure” and attached HCFA forms detailing line item charges for services performed on the date of treatment, was invalid

17 Fla. L. Weekly Supp. 876a

Online Reference: FLWSUPP 1710LUCE

Insurance — Personal injury protection — Coverage — Medical expenses — Notice of loss — Although Disclosure and Acknowledgment form submitted by provider which did not list or identify services rendered did not meet requirements of statute, it was sufficient to place insurer on notice of a covered loss — Moreover, insurer waived defective D&A form by not addressing it in explanation of benefits and by paying bills, albeit at reduced rate — Submission of D&A form is not condition to right to enforce a claim for payment — Error to enter summary judgment in favor of insurer

17 Fla. L. Weekly Supp. 207a Online Reference: FLWSUPP 1703WROB Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form —

17 Fla. L. Weekly Supp. 213a

Online Reference: FLWSUPP 1703AQUI

Landlord-tenant — Eviction — Notice — Defects — Three-day notice is fatally defective for giving less than three business days to pay or vacate, for failing to address co-tenant, and for failing to give five additional days for responding to notice served by certified mail — Due to fatally defective notice and landlord’s failure to terminate rental agreement prior to filing eviction action, there was no requirement for tenant to deposit rent into court registry — Complaint dismissed without leave to amend

17 Fla. L. Weekly Supp. 1030b

Online Reference: FLWSUPP 1710FERN

Insurance — Personal injury protection — Independent medical examination — Failure to attend — Where it is undisputed that insured received notices of two IMEs and failed to attend IMEs without providing reason, excuse or explanation, final summary judgment is entered in favor of insurer

17 Fla. L. Weekly Supp. 986a

Online Reference: FLWSUPP 1710LAZO

Insurance — Personal injury protection — Coverage — Medical benefits — Denial — Error to grant summary judgment in favor of provider on sclaim based on insurer’s failure to provide explanation of benefits, as neither insured nor its assignee has private right of action against insurer for failure to provide EOB

17 Fla. L. Weekly Supp. 249a

Online Reference: FLWSUPP 1704LUZJ

Insurance — Personal injury protection — Explanation of benefits — Failure to provide — PIP statute does not provide private right of action against insurer for failing to provide EOB to insured

17 Fla. L. Weekly Supp. 42b

Online Reference: FLWSUPP 1701CAST

Insurance — Personal injury protection — Explanation of benefits — Failure to provide — Where medical provider, as assignee of insured, was on notice of insurer’s suspension of benefits pursuant to independent medical examination cut-off prior to providing treatment to insured, insurer was not required to provide EOBs for claims submitted by provider

17 Fla. L. Weekly Supp. 272a

Online Reference: FLWSUPP 1704ADDI

Insurance — Personal injury protection — Declaratory judgment — Insurer is obligated to provide insured with transcript of examination under oath

17 Fla. L. Weekly Supp. 216a

Online Reference: FLWSUPP 1703GODF

Insurance — Personal injury protection — Examination under oath — Failure to attend — Insurer’s failure to notify insured or medical provider of alleged failure to appear at EUO prior to filing of lawsuit constituted waiver of defense — Omnibus insured was not required to attend EUO under policy requiring named insured to submit to EUO