Volume 19

19 Fla. L. Weekly Supp. 731a

Online Reference: FLWSUPP 1909GARTInsurance — Personal injury protection — Demand letter — Where medical provider submitted demand letter that erroneously listed medical service that was never billed and included amount for that service in total amount due and owing, and provider did not submit updated or corrected demand letter, but instead filed suit with complaint listing same erroneous amount, provider failed to satisfy condition precedent to filing suit — Defective demand letter was not cured by post-suit notice of withdrawal of erroneously listed service

19 Fla. L. Weekly Supp. 659a

Online Reference: FLWSUPP 1908QUINInsurance — Personal injury protection — Demand letter — Insurer waived issue of defective demand letter that failed to include assignment by failing to raise issue in response to letter — Further, demand letter satisfied intent of PIP statute where deficiency did not affect processing of demand letter by insurer and served purpose of putting insurer on notice of intent to initiate litigation

19 Fla. L. Weekly Supp. 941a

Online Reference: FLWSUPP 1911TORRInsurance — Personal injury protection — Demand letter — Presuit demand letter was deficient where all relevant forms were not attached to letter and amount due stated in letter did not match amounts in attached forms — Second demand letter could not remedy initial demand letter where second letter was sent after suit was filed — Even if second letter had been sent before suit was filed, letter was deficient for failing to include itemized statement specifying amount due and proof of assignment

19 Fla. L. Weekly Supp. 1033a

Online Reference: FLWSUPP 1912RICKInsurance — Personal injury protection — Demand letters that were sent before claims were overdue and failed to account for partial payments made by insurer failed to satisfy condition precedent to suit for PIP benefits

19 Fla. L. Weekly Supp. 1026a

Online Reference: FLWSUPP 1912MURPInsurance — Personal injury protection — Dismissal — Res judicata bars PIP suit for claims that should have been filed in prior PIP case between same parties

19 Fla. L. Weekly Supp. 1098a

Online Reference: FLWSUPP 1913MARTInsurance — Personal injury protection — Coverage — Passenger of insured vehicle whose parents own uninsured vehicle — No merit to claim that minor passenger is not entitled to coverage under PIP policy covering vehicle he occupied at time of accident because parents with whom he resides own uninsured vehicle

19 Fla. L. Weekly Supp. 597a

Online Reference: FLWSUPP 1907VALIInsurance — Personal injury protection — Coverage — Non-resident relative of insured — Medical provider’s assignor is not entitled to benefits under his stepfather’s PIP policy where assignor is not named insured, does not reside with stepfather, and was not occupying vehicle insured under policy at time of accident — Insurer did not waive right to deny coverage by paying other medical providers for services rendered to assignor where other payments are merely gratuitous

19 Fla. L. Weekly Supp. 926a

Online Reference: FLWSUPP 1911LAURInsurance — Personal injury protection — Coverage — Non-owner of vehicle — No error in entering directed verdict for insurer where there was no evidence presented as to how plaintiff, who was injured while driving cousin’s vehicle. was covered by cousin’s PIP policy

19 Fla. L. Weekly Supp. 663a

Online Reference: FLWSUPP 1908FRIEInsurance — Coverage — Medical expenses — Claim — Timeliness — Where affidavit of medical provider’s billing manager was sufficient to trigger presumption that bill at issue was timely mailed and was received by insurer, provider’s motion for summary judgment is granted

19 Fla. L. Weekly Supp. 126a

Online Reference: FLWSUPP 1902GOLDInsurance — Personal injury protection — Coverage — Where PIP policy provides that insurer will pay 80% of actual charge and does not reference permissive fee schedule of section 627.736(5)(a)2, insurer is not permitted to utilize permissive fee schedule in processing claim