Volume 18

18 Fla. L. Weekly Supp. 172a

Online Reference: FLWSUPP 1802ORTI

Insurance — Personal injury protection — Coverage — Medical expenses — Valid medical report — Error to fail to consider peer review report offered in opposition to medical provider’s motion for summary judgment on grounds that it was not supported by independent medical examination and was obtained more than thirty days after claim was submitted — Examination under oath — Failure to attend — Error to enter summary judgment for provider where there are disputed facts regarding insured’s compliance with requests for EUO

18 Fla. L. Weekly Supp. 923a

Online Reference: FLWSUPP 1809MARC

Insurance — Personal injury protection — Coverage — Summary judgment — Factual issues — Error to enter summary judgment on issue of lack of coverage where record does not contain sufficient documentary evidence to support material facts upon which trial court’s legal conclusions are based

18 Fla. L. Weekly Supp. 693c

Online Reference: FLWSUPP 1808PADI

Insurance — Personal injury protection — Coverage — Medical expenses — Applicability of Medicare Part B fee schedule

18 Fla. L. Weekly Supp. 580a

Online Reference: FLWSUPP 1807PATI

Insurance — Personal injury protection — Standing — Error to dismiss action for PIP benefits brought in name of medical provider’s billing entity, rather than in name of entity which was utilized by provider to provide medical services and to which insured assigned PIP benefits, where there was no possibility that insurer would be required to pay twice for claim

18 Fla. L. Weekly Supp. 1186a

Online Reference: FLWSUPP 1811HACO

Insurance — Personal injury protection — Coverage — Where medical provider failed to respond to insurer’s timely and justified request for information, summary judgment is entered in favor of insurer

18 Fla. L. Weekly Supp. 21a

Online Reference: FLWSUPP 1801ECHE

Insurance — Personal injury protection — Summary judgment — Opposing affidavits — Where insurer filed affidavit of physician based on independent medical examination of insured opining that further treatment would not be reasonable, related or necessary and later filed second affidavit based on peer review performed one month later opining that only some of treatment rendered was reasonable, related or necessary; trial court erred in disregarding second affidavit as bald repudiation of first affidavit

18 Fla. L. Weekly Supp. 499a

Online Reference: FLWSUPP 1806PART

Insurance — Personal injury protection — Summary judgment — Opposing affidavit — Error to find that peer review affidavit and report were legally and factually insufficient to raise factual issue precluding summary judgment where report incorporated in affidavit was not conclusory and was based on review of independent medical examination as well as records provided by insured and medical provider

18 Fla. L. Weekly Supp. 582a

Online Reference: FLWSUPP 1807SUAR

Insurance — Personal injury protection — Independent medical examination — Failure to attend — No error in granting summary judgment for insured on affirmative defense asserting unreasonable failure to attend IME where IME was scheduled with medical physician and insured was not treating with medical physician — Error to enter final summary judgment on issue of reasonableness, relatedness and necessity of treatment without considering opposing peer review report on grounds that report was obtained over three years after denial of claim

18 Fla. L. Weekly Supp. 498a

Online Reference: FLWSUPP 1806PADR

Insurance — Personal injury protection — Summary judgment — Opposing affidavit — Error to strike peer review report filed in opposition to summary judgment on grounds that report was not procured pursuant to independent medical examination

18 Fla. L. Weekly Supp. 45b

Online Reference: FLWSUPP 1801BOUR

Insurance — Personal injury protection — Independent medical examination — Examination under oath — Failure to attend — Because submission to IME and EUO are conditions precedent to coverage for benefits under PIP statute, trial court erred in granting summary judgment in favor of medical provider where it is undisputed that insured failed to submit to IMEs and EUOs — Error to conclude that peer review affidavit filed in opposition to motion for summary judgment was invalid because it was not based on IME