Volume 18

18 Fla. L. Weekly Supp. 304a

Online Reference: FLWSUPP 1803TERE

Insurance — Personal injury protection — Coverage — Medical expenses — Lawfully rendered services — Medical provider that is health care clinic, not massage establishment, and holds valid health care clinic license from Agency for Health Care Administration was not required to have massage establishment license in order to lawfully render massage services

18 Fla. L. Weekly Supp. 882a

Online Reference: FLWSUPP 1809WALT

Insurance — Personal injury protection — Motion for final judgment is denied as unnecessary where insurer’s payment of benefits at issue, attorney’s fees, and costs pursuant to settlement has rendered case moot — No merit to argument that medical provider needs judgment in its favor in order to pursue bad faith claim

18 Fla. L. Weekly Supp. 160a

Online Reference: FLWSUPP 1802GALA

Insurance — Personal injury protection — Summary judgment — Error to enter summary judgment in favor of provider on issue of reasonableness of bills where peer review affidavit stating that portion of fees were excessive and mildly high creates genuine issue of material fact — No error in entering summary judgment in favor of provider on insurer’s argument that provider, which paid treating physician on percentage basis ,did not lawfully render services and engaged in illegal fee splitting

18 Fla. L. Weekly Supp. 868a

Online Reference: FLWSUPP 1809CHIR

Insurance — Personal injury protection — Declaratory judgment — Where medical provider made false and misleading statements in claims for PIP benefits, insurer does not owe provider PIP or Medpay benefits for claims, and insured does not owe provider compensation for services

18 Fla. L. Weekly Supp. 1056a

Online Reference: FLWSUPP 1810NORT

NOT FINAL VERSION OF OPINION
Subsequent Changes at 19 Fla. L. Weekly Supp. 52aInsurance — Personal injury protection — Coverage — Failure to pay bill within 30 days of receipt did not constitute automatic breach of PIP contract by insurer — Exhaustion of policy limits — PIP statute does not require first in/first out order of payment of claims — Where there are no allegations of bad faith on part of insurer in paying claims on which benefits were exhausted or that parties who received those payments were not entitled to them, insurer’s motion for summary judgment as to post-suit exhaustion of benefits is granted

18 Fla. L. Weekly Supp. 563a

Online Reference: FLWSUPP 1807REGI

Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Bad faith — Fact that insurer deviated from its usual practice of paying claims in order in which they are received does not demonstrate bad faith in exhausting benefits in payment of insured’s wage loss claim and denying medical provider’s earlier-received claim where benefits were exhausted before provider’s claim became overdue and there is no allegation that insurer intentionally sought to benefit itself or harm provider in bad faith — No error in entering summary judgment in favor of insurer

18 Fla. L. Weekly Supp. 492a

Online Reference: FLWSUPP 1805SHUT Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Bad faith — Where there was no binding legal authority as to whether inclusion of professional license number on claim form was required at time insurer denied medical provider’s claim on that basis, there was no bad faith that would require insurer to set aside disputed amounts — Insurer is not responsible for disputed amounts after exhaustion of policy limits on other claims

18 Fla. L. Weekly Supp. 491a

Online Reference: FLWSUPP 1805VIGO

NOT FINAL VERSION OF OPINION
Subsequent Changes at 18 Fla. L. Weekly Supp. 1042aInsurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Bad faith — Where there was no binding legal authority as to whether inclusion of professional license number on claim form was required at time insurer denied medical provider’s claim on that basis, there was no bad faith that would require insurer to set aside disputed amounts — Insurer is not responsible for disputed amounts after exhaustion of policy limits on other claims

18 Fla. L. Weekly Supp. 925b

Online Reference: FLWSUPP 1809DAY

Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Where there is no allegation that insurer acted in bad faith in handling PIP claims that exhausted benefits while provider was disputing reductions to its bills but before provider filed suit, trial court correctly entered summary judgment in favor of insurer

18 Fla. L. Weekly Supp. 901a

Online Reference: FLWSUPP 1809TEJA

Appeals — Costs — Filing fees for attorney’s fee order and attorney’s fee bond are taxable appellate costs where attorney’s fee order was money judgment for which execution would not be stayed pending appeal in absence of payment of bond under rule 9.310(b)(1)