Volume 18

18 Fla. L. Weekly Supp. 20a

Online Reference: FLWSUPP 1801MROD

Insurance — Personal injury protection — Final judgment is reversed where neither judgment nor record evidences manner in which trial court calculated amounts awarded in benefits and interest, and order does not specify pre-judgment interest rate and date on which interest began to accrue — Interest — While section 55.03 requires court to use interest rate in year medical provider submitted claim to establish post-judgment interest rate, statute is not applicable to pre-judgment interest rate, which is fluctuating rate recalculated annually pursuant to section 55.01

18 Fla. L. Weekly Supp. 89a

Online Reference: FLWSUPP 1801BART

Insurance — Personal injury protection — Independent medical examination — Failure to attend — Where insured failed to attend four properly noticed and scheduled IMEs, medical provider may not pursue PIP benefits, even for treatment rendered and billed prior to scheduled IMEs

18 Fla. L. Weekly Supp. 537a

Online Reference: FLWSUPP 1806

ALLSTorts — Insurance — Personal injury protection — Action by PIP insurers against medical providers alleging fraudulent billing practices — Common law fraud — No merit to argument that reliance is lacking as matter of law as of date that insurer first denied claim based on misrepresentations, date insurer issued letter indicating that insurer was investigating claims and anticipating litigation, or date of filing of complaint alleging fraud — Economic loss rule bars insurers from claim of common law fraud against providers where insurers’ obligations to providers arose from assignment of benefits to providers, and assignments created privity between insurers and providers — Florida Deceptive and Unfair Trade Practices Act — Claims for fraudulent billing practices does not fall within exclusion from FDUTPA of activities regulated by Office of Insurance Regulation

18 Fla. L. Weekly Supp. 90b

Online Reference: FLWSUPP 1801LGON

Insurance — Personal injury protection — Medical provider that is administratively dissolved corporation is permitted to maintain PIP suit related to damages or causes of action that predate corporate dissolution

18 Fla. L. Weekly Supp. 88a

Online Reference: FLWSUPP 1801OVAL

Insurance — Personal injury protection — Medical provider that is administratively dissolved corporation is permitted to maintain PIP suit related to damages or causes of action that predate corporate dissolution

18 Fla. L. Weekly Supp. 418a

Online Reference: FLWSUPP 1804LAWR

Insurance — Personal injury protection — Examination under oath — Failure to attend — Notice — Where insurer failed to provide notice of EUO to insured’s counsel, insurer failed to prove that insured unreasonably failed to attend EUO after receiving proper notice

18 Fla. L. Weekly Supp. 787a

Online Reference: FLWSUPP 1809VINC

Insurance — Personal injury protection — Examination under oath — Failure to attend

18 Fla. L. Weekly Supp. 352a

Online Reference: FLWSUPP 1804MOLI

Insurance — Personal injury protection — Evidence — Business records — No abuse of discretion in preventing insurer’s litigation adjuster from testifying based on business records contained in claims file where adjuster was not qualified to testify as records custodian, and insurer was unable to avail itself of offered opportunity for continuance to secure testimony of records custodian — Examination under oath — No error in directing verdict in favor of medical provider on EUO-No Show defense where insurer failed to present any evidence that insured failed to attend EUO or that EUO was even requested — Notice of loss — Disclosure and acknowledgment form — No error in directing verdict in provider’s favor on issue of sufficiency of D&A form where form was identical to statutory form except for insertion of provider’s letterhead

18 Fla. L. Weekly Supp. 417b

Online Reference: FLWSUPP 1804MALE

Insurance — Personal injury protection — Where amount of damages sought is $4.37, doctrine of de minimis non curat lex precludes lawsuit

18 Fla. L. Weekly Supp. 681a

Online Reference: FLWSUPP 1808MEDI

Insurance — Personal injury protection — Dismissal — Alleged improper joinder of parties is ground for severance or order for separate trials, not dismissal of action — Where count of complaint seeking declaratory and injunctive relief pertains to all five insureds whose treatment by medical providers is at issue, there is rational basis for joinder — Failure to attach contract to complaint does not require dismissal where providers’ counsel alleges in complaint that he is not in possession of contract and seeks to obtain contract through discovery — Dismissal is not merited on ground that there is no need for injunctive relief because there is adequate remedy at law where providers have adequately pled elements to allow court to consider claim for injunctive relief — Venue — Motion to transfer venue is denied where providers maintain facilities in selected venue, and insurers that are foreign corporations maintain offices there