Volume 17

17 Fla. L. Weekly Supp. 1187a

Online Reference: FLWSUPP 1712CANA

Insurance — Personal injury protection — Standing — Assignment — Despite insurer’s half-hearted efforts to raise standing issue in timely manner, trial court abused its discretion by failing to address standing issue when raised in open court prior to trial and during post-trial hearing — Withdrawal of benefits — Independent medical examination — Error to conclude that date of IME cutoff letter, rather than date of IME, is date for termination of benefits — Notice of loss — Disclosure and acknowledgment letter — No error in limiting impact of deficient D&A form to disallowing claim for first date of treatment and awarding payment for subsequent dates of treatment

17 Fla. L. Weekly Supp. 1012a

Online Reference: FLWSUPP 1710PONS

Insurance — Personal injury protection — Error to enter summary judgment for medical provider based on technical admissions where insurer responded to request for admissions prior to hearing on motion for summary judgment, and record is replete with evidence contradicting technical admissions

17 Fla. L. Weekly Supp. 1177b

Online Reference: FLWSUPP 1712VALD

Insurance — Personal injury protection — Reasonable, related, and necessary medical treatment — Summary judgment — Opposing affidavit — Error to fail to consider peer review affidavit because it was not obtained prior to denial of benefits — Medical report is not condition precedent to complete denial or partial reduction of claims

17 Fla. L. Weekly Supp. 1183a

Online Reference: FLWSUPP 1712LEZA

Insurance — Personal injury protection — Coverage — Medical expenses — Expert witness — Error to exclude testimony of peer review doctor on ground that peer review report was invalid because it was obtained post-suit

17 Fla. L. Weekly Supp. 1184a

Online Reference: FLWSUPP 1712MARC

NOT FINAL VERSION OF OPINION
Subsequent Changes at 18 Fla. L. Weekly Supp. 740a

Insurance — Personal injury protection — Coverage — Medical expenses — Denial of benefits — Valid medical report — Error to disregard affidavit offered in opposition to insured’s motion for summary judgment on ground that it was not supported by physical examination of insured — Appellate court is unable to consider insured’s argument that affirmance is warranted because affidavit is insufficient on other grounds where affidavit is not part of record on appeal

17 Fla. L. Weekly Supp. 1184b

Online Reference: FLWSUPP 1712GONZ

Insurance — Personal injury protection — Denial of benefits — Valid medical report — Trial court erred in not considering affidavit and peer review report offered in opposition to insured’s motion for summary judgment on ground that peer review was not supported by independent medical examination of insured — Production of valid report is not required to deny benefits, only to withdraw already commenced payments

17 Fla. L. Weekly Supp. 94b

Online Reference: FLWSUPP 1702DONE

Insurance — Personal injury protection — Summary judgment — Opposing affidavit — Where trial court entered summary judgment in favor of medical provider upon finding that affidavit of physician who conducted independent medical examination was defective, and appellate court held that insurer should have been allowed to correct technical deficiencies in affidavit and instructed trial court to consider affidavit, trial court erred in deviating from appellate mandate by not considering amended affidavit because it found insurer failed to provide notice of intent to rely on affidavit in opposition to motion for summary judgment

17 Fla. L. Weekly Supp. 40a

Online Reference: FLWSUPP 1701LIBE

Insurance — Personal injury protection — Summary judgment — Independent medical examination report that is not sworn or certified cannot be considered by court in opposition to medical provider’s motion for summary judgment — Insured’s attachment of IME report to her affidavit in support of summary judgment did not waive requirement that report be sworn or certified — Withdrawal of benefits — Valid report — Where IME opinion obtained prior to withdrawal of benefits states that additional/future chiropractic care would not be reasonable, related or necessary but does not address massage therapy that insured was receiving, denial of PIP benefits for massage therapy provided after IME cut-off date was breach of policy 

17 Fla. L. Weekly Supp. 57a

Online Reference: FLWSUPP 1701GARC

Insurance — Personal injury protection — Summary judgment — Medical provider’s motion for summary judgment is granted where evidence attached to motion establishes prima facie case, insurer’s opposing affidavit was technically and materially deficient, and insurer has not produced amended or corrected affidavit despite being given an extension of time to do so

17 Fla. L. Weekly Supp. 326a

Online Reference: FLWSUPP 1705CARL

Insurance — Personal injury protection — Coverage — Medical expenses — Summary judgment — Opposing affidavits — Error to refuse to consider independent medical examination and peer review on ground that the two doctors’ affidavits contradicted one another where insurer provided arguably credible explanation for the seeming discrepancy between the affidavits — Moreover, peer review report served to supplement the IME with its corresponding evidence, not contradict it — Trial court erred in finding that failure of insurer to provide plaintiff with explanation of benefits provided plaintiff with independent cause of action for breach of contract