Volume 18

18 Fla. L. Weekly Supp. 1038a

Online Reference: FLWSUPP 1810GONZ

Insurance — Personal injury protection — Coverage — Unambiguous policy language providing that insurer will pay 80% of reasonable expenses controls over permissive language of PIP statute that allows more limited reimbursement absent express adoption of permissive fee schedule by parties to insurance contract

18 Fla. L. Weekly Supp. 417a

Online Reference: FLWSUPP 1804COND

Insurance — Personal injury protection — Coverage — Mandatory policy language providing that insurer will pay 80% of reasonable expenses controls over permissive language of PIP statute that allows more limited reimbursement

18 Fla. L. Weekly Supp. 413a

Online Reference: FLWSUPP 1804NOEL

Insurance — Personal injury protection — Coverage — Where provision of 2008 PIP statute allowing insurer to limit reimbursement to 200% of Medicare fee schedule is permissive, policy language providing that insurer will pay 80% of reasonable charges controls reimbursement

18 Fla. L. Weekly Supp. 405a

Online Reference: FLWSUPP 1804AXCE

Insurance — Personal injury protection — Coverage — Mandatory policy language providing that insurer will pay 80% of reasonable charges controls over permissive language of PIP statute that allows more limited reimbursement

18 Fla. L. Weekly Supp. 302b

Online Reference: FLWSUPP 1803GABL

Insurance — Personal injury protection — Coverage — Where permissive language of 2008 PIP statute does not mandate use of Medicare Part B fee schedule in all policies, and insured’s policy provides that insurer will pay 80% of reasonable expenses and does not limit insurer’s liability, policy controls reimbursement — Even if policy language providing that insurer will pay in accordance with exclusions of Florida Motor Vehicle No-Fault Law as amended was intended to limit liability, ambiguity created by all policy provisions read together must be construed against insurer

18 Fla. L. Weekly Supp. 894b

Online Reference: FLWSUPP 1809JEAN

Insurance — Personal injury protection — Coverage — 2008 amendment to PIP statute which limits amount insurers reimburse providers for services does not apply retroactively to policy that was in effect and that expired before statute’s effective date of January 1, 2008

18 Fla. L. Weekly Supp. 743c

Online Reference: FLWSUPP 1809CARR

Insurance — Personal injury protection — Coverage — Where effect of 2008 version of PIP statute is to provide less coverage to insureds by altering access to medical services, by modifying which services are compensable, by substantially revising reasonable charge method of reimbursement and by shifting payment obligations from insurer to insured, modification constitutes substantive change to statute and cannot be applied retroactively to policy executed prior to effective date of statute

18 Fla. L. Weekly Supp. 84c

Online Reference: FLWSUPP 1801MORE

Insurance — Personal injury protection — Coverage — Reduced fee schedule in 2008 PIP statute cannot be applied to payment of benefits under policy issued in 2007, prior to effective date of statute — Even if 2008 statute were applicable, insurer is required to pay 80% of medical expenses in accordance with plain language of policy rather than limiting payment in accordance with permissive language of 2008 statute

18 Fla. L. Weekly Supp. 92a

Online Reference: FLWSUPP 1801NAVA

Insurance — Personal injury protection — Coverage — Policy issued during statutory gap period — Where reenacted PIP statute provided that reenacted law was effective January 1, 2008, and expressly provided that any PIP policy in effect on or after that date would be deemed to incorporate provisions of reenacted law, insurer was entitled to pay claim for treatment provided after January 1, 2008, in accordance with fee schedule provided in reenacted statute notwithstanding fact that policy was purchased or renewed during statutory gap period created by sunsetting of PIP statute

18 Fla. L. Weekly Supp. 408a

Online Reference: FLWSUPP 1804GASB

Insurance — Personal injury protection — Coverage — Policy issued during statutory gap period — Where PIP policy was executed during statutory gap period when there was no PIP statute, policy language requiring that medical expenses be paid at 80% of reasonable charges controls reimbursement