Volume 18

18 Fla. L. Weekly Supp. 81a

Online Reference: FLWSUPP 1801RIGG Insurance — Personal injury protection — Conditions precedent — Demand letter

18 Fla. L. Weekly Supp. 553a

Online Reference: FLWSUPP 1806DINN Insurance — Personal injury protection — Medical provider/assignee’s complaint based on assignment that names two assignees is dismissed for failure to join co-assignee as indispensable party

18 Fla. L. Weekly Supp. 410b

Online Reference: FLWSUPP 1804INST Insurance — Personal injury protection — Claims — Timeliness — Insurer is not obligated to pay bills postmarked more than 35 days after date services were rendered — Insurer did not waive right to contest timeliness of bills by making previous partial payment

18 Fla. L. Weekly Supp. 1041a

Online Reference: FLWSUPP 1810ARMA

Insurance — Personal injury protection — Summary judgment is granted in favor of medical provider on issue of reasonableness, relatedness and necessity of treatment where insurer’s affidavit in opposition to summary judgment, which was not prepared by medical doctor and is based on hearsay documents, is legally insufficient to rebut provider’s affidavit on issue of relatedness of accident — Fraud — Summary judgment is granted in favor of provider on affirmative defense of fraud where insurer has no proof that accident did not occur or was staged, insurer waived right to raise affirmative defense of fraud by failing to notify provider or insured that it was denying benefits based on fraud, and economic loss rule bars fraud defense against provider for billing for claims arising from staged accidents — Notice of loss — Summary judgment is granted in favor of provider on affirmative defense that insurer was not furnished with notice of loss due to absence of physician’s license number on claim form where claim was completely filled out except for license number, attached reports indicate that provider is licensed physician, there is no indication of fraud or that insurer considered possibility that provider was not properly licensed physician, and insurer waived technical defect by processing claim without alerting provider to defect — No merit to affirmative defense alleging constructive fraud through billing for treatment not rendered where provider has established that all services and charges were lawfully rendered, and insurer has no proof of fraud

18 Fla. L. Weekly Supp. 90a

Online Reference: FLWSUPP 1801HILA Insurance — Personal injury protection — Affirmative defense — Waiver — Insurer waived right to assert insured’s failure to attend examination under oath as affirmative defense to medical provider’s claim by paying another provider’s bills that were subject to same defense

18 Fla. L. Weekly Supp. 702b

Online Reference: FLWSUPP 1808CABR Insurance — Personal injury protection — Examination under oath — Failure to attend — Attendance at EUO is not condition precedent to PIP coverage

18 Fla. L. Weekly Supp. 686a

Online Reference: FLWSUPP 1808GROD Insurance — Personal injury protection — Examination under oath — Failure to attend EUO is not valid policy condition in PIP claim — Affirmative defenses of failure to attend EUOs are stricken

18 Fla. L. Weekly Supp. 484a

Online Reference: FLWSUPP 1805GHOL Insurance — Personal injury protection — Demand letter is insufficient to satisfy condition precedent where it cannot be determined from demand letter and its attachments where amounts set forth in letter come from, what charges are unpaid, and what charges medical provider claims are owed — Affirmative defense of failure to perform condition precedent was not waived by passage of time where defense was properly pleaded, noticed and heard

18 Fla. L. Weekly Supp. 493a

Online Reference: FLWSUPP 1805CELP Insurance — Affirmative defense of fraud is stricken — Insurer is ordered to amend other affirmative defenses to provide more specific allegations

18 Fla. L. Weekly Supp. 485b

Online Reference: FLWSUPP 1805PONC Insurance — Personal injury protection — Affirmative defenses — Motion to amend affirmative defenses by asserting two new defenses over one year after initiation of PIP suit is denied where proposed amendment is untimely, case has been noticed for trial and is awaiting court-ordered non-binding arbitration, and medical provider has incurred deposition costs and rejected a proposal for settlement