Volume 18

18 Fla. L. Weekly Supp. 215a

Online Reference: FLWSUPP 1802WEIN Insurance — Personal injury protection — Coverage — Reduced fee schedule in 2008 PIP statute cannot be applied to payment of benefits under policy issued prior to effective date of statute

18 Fla. L. Weekly Supp. 213a

Online Reference: FLWSUPP 1802LEE Insurance — Personal injury protection — Coverage — 2007 version of PIP statute in effect at time policy was issued, rather than 2008 version in effect at time of accident and treatment, controls reimbursement where 2008 statute does not clearly express intent that it apply retroactively, and reimbursement schedule in 2008 statute is substantive change that would impair vested rights — Policy provision allowing insurer to pay in accordance with “Florida Motor Vehicle No-Fault Law and any amendments” does not allow insurer to rely on 2008 fee schedule where 2008 PIP statute did not truly amend former PIP statute, and ambiguous provision must be construed against insurer

18 Fla. L. Weekly Supp. 1093a

Online Reference: FLWSUPP 1811ALEX Insurance — Personal injury protection — Coverage — Appeals — It would be improper for appellate court to rule on appeal of county court order granting partial summary judgment on issue of applicability of fee schedule in 2008 PIP statute on basis of district court opinions on issue issued after county court’s ruling — Appeal is dismissed without prejudice to parties moving for reconsideration of county court’s order in light of recent appellate opinions

18 Fla. L. Weekly Supp. 804b

Online Reference: FLWSUPP 1809HEAL Insurance — Personal injury protection — Coverage — Amended version of PIP statute governs reimbursement under PIP contract where changed fee schedule did not unconstitutionally impair contract

18 Fla. L. Weekly Supp. 137b

Online Reference: FLWSUPP 1802MELK Insurance — Personal injury protection — Overdue benefits — Statutory amendment which requires insured to afford insurer thirty days to respond to demand for PIP benefits before filing action for overdue benefits constitutes substantive change to statute that cannot be applied retroactively to policy issued before effective date of amendment

18 Fla. L. Weekly Supp. 983a

Online Reference: FLWSUPP 1810CLEA Insurance — Personal injury protection — Coverage — Medical expenses — MRI — Statute does not authorize PIP insurer to utilize federal “Special rule for imaging services,” Hospital Outpatient Prospective Payment System, or any other Medicare restrictions or limitations not expressly described in statute when determining amounts due for MRI services provided in Florida to a PIP insured in a non-emergency, non-hospital setting since January 1, 2008 — Participating physicians schedule of Medicare Part B is operative fee schedule to be utilized

18 Fla. L. Weekly Supp. 218a

Online Reference: FLWSUPP 1802AROC Insurance — Personal injury protection — Coverage — Insured has no PIP coverage where insurer sent required notices advising insured that she was required to maintain PIP coverage and that she did not have PIP coverage, but insured did not tender additional premiums required to amend policy to provide PIP coverage — Affidavit in opposition to motion for summary judgment is not considered where affidavit was not timely served on insurer by mail and was not properly served on insurer by facsimile

18 Fla. L. Weekly Supp. 3a

Online Reference: FLWSUPP 1801HENR Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Reallocation to Med Pay — No error in finding that insured can request reallocation of payment for medical expenses to Med Pay part of policy to allow for maximum coverage even after exhaustion of PIP benefits and that insured’s policy does not prohibit retroactive reallocation — Demand letter — Pre-suit demand letter that was not in strict compliance with statute is not fatal to insured’s claim where demand would have been futile given that insurer had announced that it would pay no further benefits

18 Fla. L. Weekly Supp. 1201a

Online Reference: FLWSUPP 1811KRUM Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — Insurer was not required to reserve funds for claims reduced through erroneous application of fee schedule in 2008 PIP statute and is not liable for payment of balance of medical provider’s reduced claims after benefits have been exhausted

18 Fla. L. Weekly Supp. 692b

Online Reference: FLWSUPP 1808SALL Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — PIP insurer is not entitled to summary judgment where benefits were exhausted after suit was filed and insurer served with process