Volume 18

18 Fla. L. Weekly Supp. 290b

Online Reference: FLWSUPP 1802STIN

Insurance — Class action — Settlement agreement approved

18 Fla. L. Weekly Supp. 898b

Online Reference: FLWSUPP 1809CORR

Insurance — Personal injury protection — Venue — Forum non conveniens — Motion to transfer venue is denied where insurer has failed to show how it is inconvenienced or prejudiced by medical provider’s choice of venue

18 Fla. L. Weekly Supp. 480a

Online Reference: FLWSUPP 1805BURG

Insurance — Personal injury protection — Venue — Forum non conveniens — Where insurer has failed to demonstrate how it will be inconvenienced or prejudiced by chosen venue, motion to transfer venue is denied

18 Fla. L. Weekly Supp. 340a

Online Reference: FLWSUPP 1804ORTI

Insurance — Personal injury protection — Summary judgment — Opposing affidavit — Abuse of discretion to exclude affidavit and peer review report filed by insurer in opposition to partial summary judgment on ground that expert’s opinion was not based on independent medical examination

18 Fla. L. Weekly Supp. 345a

Online Reference: FLWSUPP 1804WEAT

Insurance — Personal injury protection — Summary judgment — Appeals — Where trial court granted motion for summary judgment but never reduced its reason to writing, appellate court cannot know grounds relied upon by trial court to reach its decision and must affirm

18 Fla. L. Weekly Supp. 486b

Online Reference: FLWSUPP 1805LIFE

Insurance — Personal injury protection — Stay — Motion to stay case pending appellate court decision in unrelated cases resolving issue of whether PIP insurer may pay less than Medicare fee schedule by applying Outpatient Prospective Payment System limitations is denied where insurer has not shown that resolution of OPPS issue will totally resolve subject case, and medical provider would be harmed by stay

18 Fla. L. Weekly Supp. 879a

Online Reference: FLWSUPP 1809STAT

Insurance — personal injury protection — Reimbursement by insurer of commercial vehicle — Sedan which was used primarily for business, occupational, and professional purposes was a commercial motor vehicle, not a private passenger motor vehicle — Legislative intent was to define commercial vehicle based upon use of vehicle, not based upon shape/type/size of vehicle

18 Fla. L. Weekly Supp. 621b

Online Reference: FLWSUPP 1807YELL

Insurance — Personal injury protection — Reimbursement by owner of commercial vehicle — Taxi company that is owner of commercial sedan is required to reimburse PIP carrier for benefits paid for injuries sustained by insureds while occupants of sedan

18 Fla. L. Weekly Supp. 777a

Online Reference: FLWSUPP 1809CONC

Insurance — Personal injury protection — Reimbursement by insurer of commercial vehicle — Appeal of judgment requiring commercial insurer of taxicab to reimburse passengers’ insurer for PIP benefits paid as result of accident — No merit to argument that requirement that commercial insurer pay PIP benefits constitutes unconstitutional taking of property because commercial policy does not include PIP coverage where coverage already existed for passengers under express terms of commercial policy providing that insurer will pay all sums an insured legally must pay as damages because of bodily injury caused by accident resulting from use of covered vehicle — Taxicabs are not exempt from reimbursement requirement but requirement would not apply if taxicab is sedan, station wagon, or jeep-type vehicle — Remand for evidentiary hearing to determine make and model of taxicab

18 Fla. L. Weekly Supp. 506a

Online Reference: FLWSUPP 1806EBNEInsurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Case is remanded to lower court to reverse entry of summary judgment in favor of insurer that was based on defective D&A form given insurer’s concession that reversal is required by recent district court opinion, holding that attachment of medical records to D&A form is sufficient to provide notice of loss and that initial completion of form is not condition precedent to payment