Volume 18

18 Fla. L. Weekly Supp. 353a

Online Reference: FLWSUPP 1804TEJA

Insurance — Personal injury protection — Demand letter — Statute in effect at time insurance contract was executed governs interpretation of demand letter requirement — Because pertinent version of section 627.736(11) does not identify which party must submit demand letter to insurer, demand letter sent by non-party medical provider satisfied demand letter requirement for suit filed by insured, and trial court did not err in granting insured partial summary judgment on insurer’s related affirmative defense

18 Fla. L. Weekly Supp. 319a

Online Reference: FLWSUPP 1803TREA

Insurance — Personal injury protection — Demand letter — Where medical provider failed to provide presuit demand letter, proper remedy is dismissal of suit with leave to amend — Insurer shall not be liable for attorney’s fees and costs if full amount demanded is paid

18 Fla. L. Weekly Supp. 409a

Online Reference: FLWSUPP 1804BROO

Insurance — Personal injury protection — Demand letter — Affidavit of insurer’s claims manager cannot rebut presumption that demand letter mailed in ordinary course of business by medical provider’s attorney was received by insurer where claims manager has no personal knowledge of what mail was received because she is not responsible for processing of incoming mail

18 Fla. L. Weekly Supp. 31a

Online Reference: FLWSUPP 1801PERE

Insurance — Personal injury protection — Demand letter — Insurer waived issue of defective demand letter sent by medical provider, which failed to include assignment or indicate whether payment should be made to provider or insured, by failing to raise issue until after suit was filed by insured — Provider’s demand letter satisfied intent of statute, which does not require that person that will ultimately file suit must be one to send demand letter

18 Fla. L. Weekly Supp. 261a

Online Reference: FLWSUPP 1803MILL

Insurance — Personal injury protection — Coverage — Resident relative of insured — Error to enter summary judgment in favor of insurer of vehicle in which claimant was traveling when injured after determining that claimant, who lived with mother and did not own any vehicle, was covered under mother’s policy as resident relative where copy of mother’s policy submitted to court was never authenticated as policy in effect at time of accident

18 Fla. L. Weekly Supp. 395a

Online Reference: FLWSUPP 1804FIRS

Insurance — Personal injury protection — Coverage — Nurse practitioner — PIP statute requires that reimbursement for services performed by nurse practitioner be determined in accordance with participating physicians fee schedule of Medicare Part B without reference to limitations on nurse practitioners contained in Code of Federal Regulations

18 Fla. L. Weekly Supp. 526a

Online Reference: FLWSUPP 1806CLEA

Insurance — Personal injury protection — Coverage — Magnetic Resonance Imaging — Class action — Motion for certification of class in action against PIP insurer that reduced MRI providers’ charges by applying fee schedule associated with Medicare hospital Outpatient Prospective Payment System or other methodology not authorized by 2008 PIP statute is granted — Class is defined as providers who provided MRI services, hold assignment of benefits from insureds, submitted bills to insurer, and received payment from insurer, and subclass is defined as class members who submitted presuit demand letters to insurer — Numerosity, commonality, typicality and adequacy of representation requirements of rule 1.220(a) are met — Providers seek actual declaratory and injunctive relief, and are not seeking relief as roundabout method of requiring disgorgement of illegal profits and class satisfies cohesiveness test — Accordingly, rule 1.220(b)(2) requirements to certify class for declaratory and injunctive relief are met — Predominance and superiority tests of rule 1.220(b)(3) are likewise satisfied

18 Fla. L. Weekly Supp. 17a

Online Reference: FLWSUPP 1801SANT

Insurance — Personal injury protection — Venue — Forum non conveniens — Appeals — In absence of hearing transcript, appellate court will review written documents in appendix — No abuse of discretion in granting motion to transfer venue from Miami-Dade County to Orange County where witnesses would be required to travel substantial distance to attend depositions and testify in Miami-Dade County, and medical provider could prosecute action in Orange County

18 Fla. L. Weekly Supp. 259a

Online Reference: FLWSUPP 1803BUER

Insurance — Personal injury protection — Summary judgment — Opposing affidavit — Error to exclude affidavit and peer review report prepared by insurer’s expert and filed in opposition to summary judgment on ground that insurer did not obtain report prior to denying claim

18 Fla. L. Weekly Supp. 740a

Online Reference: FLWSUPP 1809MAR3

Insurance — Personal injury protection — Summary judgment — Opposing affidavit — Error to disregard affidavit offered in opposition to insured’s motion for summary judgment on ground that it was not supported by physical examination of insured — On reconsideration, appellate court reaches and rejects argument that affirmance is warranted because affidavit is insufficient on other grounds