Volume 18

18 Fla. L. Weekly Supp. 116a

Online Reference: FLWSUPP 1801DELG

Insurance — Personal injury protection — Accord and satisfaction — Provider’s acceptance and cashing of insurer’s check, which stated “Final/Final P.I.P. Benefits Payment” with no dates of service indicated on the check did not amount to accord and satisfaction where there was no showing that parties mutually intended to effect settlement of provider’s claim

18 Fla. L. Weekly Supp. 559a

Online Reference: FLWSUPP 1806BEND

Insurance — Personal injury protection — Affirmative defenses — Motion to amend affirmative defenses by asserting new defense 19 months after initiation of PIP suit is denied where proposed amendment is untimely, pre-trial order has issued and mediation and arbitration have been completed

18 Fla. L. Weekly Supp. 1184b

Online Reference: FLWSUPP 1811DOUG

Insurance — Personal injury protection — Affirmative defenses — Accord and satisfaction — Summary judgment is entered in favor of insurer on affirmative defense of accord and satisfaction where explanation of benefits accompanying checks for benefits and interest indicated that further treatment would not be payable based on independent medical examination, conspicuous statement on face of checks indicated that they were tendered in full and final payment of PIP benefits and interest, and medical provider cashed checks — No merit to argument that language of check referencing full payment for physical therapy was ambiguous where there is no evidence that services provided were anything other than physical therapy or that provider believed at any time that further payment would be tendered for any other treatment upon checks being cashed

18 Fla. L. Weekly Supp. 1183a

Online Reference: FLWSUPP 1811MELE

Insurance — Personal injury protection — Coverage — Where insurance policy issued in Ohio included Med Pay coverage but did not include PIP coverage, and insurer was never placed on notice that insured had permanently relocated to Florida, policy cannot be rewritten by court to provide PIP coverage — Med Pay — Insured’s failure to attend examination under oath constituted failure to satisfy condition precedent to Med Pay coverage under Ohio policy

18 Fla. L. Weekly Supp. 1083a

Online Reference: FLWSUPP 1811GALI

Insurance — Relief from judgment — Trial court abused its discretion in granting motion to vacate order of dismissal based on excusable neglect — Although there was record evidence to support finding that provider did not receive copy of dismissal order until insurer attached a copy of it to its motion to strike claim for fees and costs, this fact alone did not automatically warrant finding of excusable neglect sufficient to justify vacating final judgment — Additional findings that clerk failed to timely update its address records and that insurer failed to advise provider that there was no need for a final judgment were unsupported by record evidence

18 Fla. L. Weekly Supp. 314a

Online Reference: FLWSUPP 1803KATZ

Insurance — Where insurer paid additional amount demanded by medical provider plus interest, but failed to make interest check payable to provider’s attorney as requested, and provider’s counsel did not request substitute check or seek assignment of check prior to filing suit for interest, issue and amount due is so trifling as to preclude litigation — Insurer’s motion for summary judgment and sanctions is granted

18 Fla. L. Weekly Supp. 873a

Online Reference: FLWSUPP 1809PARK

Insurance — Homeowners — Settlement agreement — Enforcement — Where insurer named only homeowner as party to whom proposal for settlement was made without inclusion of mortgagee, homeowner’s motion to enforce settlement is granted to extent that insurer’s check must be made payable to homeowner only — Ruling does not absolve homeowner of agreement with mortgagee that insurance proceeds must be applied to repair property

18 Fla. L. Weekly Supp. 1052a

Online Reference: FLWSUPP 1810JOYN

Insurance — Healthcare general liability — Coverage — Patient — Insurer’s motion for summary judgment ruling that plaintiff who fell while being escorted back to dressing room after performance of MRI at insured’s facility is patient excluded from coverage under healthcare general liability policy is denied where record is insufficient for court to determine that plaintiff remained patient after completion of MRI

18 Fla. L. Weekly Supp. 1159a

Online Reference: FLWSUPP 1811ROSSInsurance — Health — Equitable distribution of net settlement proceeds between insured and health insurer that asserts subrogation lien for benefits paid on behalf of insured

18 Fla. L. Weekly Supp. 179b

Online Reference: FLWSUPP 1802ALLS Insurance — Fraud — Defendants who were convicted of conspiracy to commit insurance fraud with adjudication withheld are estopped from denying allegations in subsequent civil action for recovery