Volume 17

17 Fla. L. Weekly Supp. 1033b

Online Reference: FLWSUPP 1710ROS2

Insurance — Personal injury protection — Demand letter that failed to account for deductible was deficient and failed to satisfy condition precedent to suit

17 Fla. L. Weekly Supp. 877a

Online Reference: FLWSUPP 1710GENE

Insurance — Personal injury protection — Coverage — Where injured party claimed PIP benefits as a resident relative of the insured, and insurer obtained an affidavit from insured stating that on date of accident, claimant did not live with her and was not her relative, second affidavit in which insured contradicted her first affidavit was not sufficient to create genuine issue of material fact, particularly given insured’s statement in her deposition that she had not read her second affidavit and her concession, when pressed at deposition, that original affidavit was correct — No error in granting insurer’s motion for summary judgment

17 Fla. L. Weekly Supp. 819a

Online Reference: FLWSUPP 1709BAYO

Insurance — Personal injury protection — Coverage — Nurse practitioner — PIP statute requires that reimbursement for services performed by nurse practitioner be determined in accordance with participating physicians fee schedule of Medicare Part B without reference to limitations on nurse practitioners contained in Code of Federal Regulations

17 Fla. L. Weekly Supp. 335b

Online Reference: FLWSUPP 1705SAGE

NOT FINAL VERSION OF OPINION
Subsequent Changes at 18 Fla. L. Weekly Supp. 173a

Insurance — Personal injury protection — Withdrawal or denial of benefits — Valid medical report

17 Fla. L. Weekly Supp. 163b

Online Reference: FLWSUPP 1703ACUN

Insurance — Personal injury protection — Withdrawal of benefits — Valid report for withdrawal of PIP benefits does not have to be issued by physician who has personally examined insured; it may be based on reporting physician’s review of examination and treatment records of insured

17 Fla. L. Weekly Supp. 163a

Online Reference: FLWSUPP 1703ESCO

Insurance — Personal injury protection — Withdrawal of benefits — Valid report for withdrawal of PIP benefits does not have to be issued by physician who has personally examined insured; it may be based on reporting physician’s review of examination and treatment records of insured

17 Fla. L. Weekly Supp. 81b

Online Reference: FLWSUPP 1702RABA

Insurance — Personal injury protection — Withdrawal of benefits — Valid report for withdrawal of PIP benefits does not have to be based upon physical examination conducted by physician preparing report; it may be based on physical examination performed by treating physician or independent medical examination

17 Fla. L. Weekly Supp. 516a

Online Reference: FLWSUPP 1707URBA

Municipal corporation — Code enforcement — Building code — Keeping vacant unsecured structure — Due process — Notice — Where city sent notices of code enforcement proceedings to property owner at correct address by certified mail and posted notice on property, due process was satisfied irrespective of property owner’s actual receipt of notices — Appeals — Mitigation of fine — Appeal of mitigation order does not confer jurisdiction to review underlying enforcement order and initial fine — No merit to argument that fine is excessive and unfair where fine lies within range of fines prescribed by legislature — There was no denial of due process at mitigation hearing where special master gave property owner notice and full hearing — In mitigation proceeding, special master was not required to consider three factors code enforcement board is required to consider in levying fine — Further, property owner waived issue of special master’s failure to consider three factors by failing to raise specific objection during mitigation hearing

17 Fla. L. Weekly Supp. 1035a

Online Reference: FLWSUPP 1710DARI

Insurance — Personal injury protection — Venue — Motion to dismiss PIP suit for improper venue is denied where venue is proper in county where medical provider/assignee maintains home billing office from which bills are generated, maintained and mailed and at which payments are due, processed and recorded

17 Fla. L. Weekly Supp. 821a

Online Reference: FLWSUPP 1709DESA

Insurance — Personal injury protection — Medical expenses — Insurer entitled to summary judgment on provider’s claim for payment where provider did not submit bills within 35 days of date provider was first put on notice that patient might have PIP coverage through policy of his mother, with whom he resided