Volume 19

19 Fla. L. Weekly Supp. 22b

Online Reference: FLWSUPP 1901GALEInsurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Where there was no binding legal authority as to whether inclusion of professional license number on claim form was required at time insurer denied medical provider’s claim on that basis, insurer had reasonable proof to support denial of benefits and is not responsible for payment of claim after exhaustion of policy limits on other claims — Trial court erred in not entering summary judgment in favor of insurer on exhaustion of benefits defense

19 Fla. L. Weekly Supp. 780a

Online Reference: FLWSUPP 1910SHIVInsurance — Personal injury protection — Exhaustion of policy limits — Where PIP benefits were exhausted after insurer was served with complaint filed by insured, insured could not thereafter maintain suit for interest or attorney’s fees on benefits that were denied prior to exhaustion of benefits — Error to enter summary judgment in favor of insured

19 Fla. L. Weekly Supp. 413a

Online Reference: FLWSUPP 1905BOGRInsurance — Personal injury protection — Exhaustion of policy limits — Where there was no binding legal authority as to whether inclusion of professional license number on claim form was required at time insurer denied claim on that basis, insurer had reasonable proof to support denial of benefits and is not responsible for payment of claim after exhaustion of policy limits on other claims

19 Fla. L. Weekly Supp. 1090a

Online Reference: FLWSUPP 1913ARANInsurance — Personal injury protection — Coverage — Exhaustion of policy limits — In absence of any evidence of bad faith or manipulated payments, where benefits were exhausted in payment of other medical providers after plaintiff medical provider filed suit, insurer is entitled to summary judgment

19 Fla. L. Weekly Supp. 1087a

Online Reference: FLWSUPP 1913HOOKInsurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Insurer is not responsible for disputed amounts after exhaustion of policy limits where there is no evidence of bad faith, improper conduct, or improper manipulation by insurer

19 Fla. L. Weekly Supp. 388a

Online Reference: FLWSUPP 1905BOYKInsurance — Personal injury protection — Coverage — Medical expenses — Bill in excess of customary charges — Medical provider who offers discount to patients who render payment on date services are provided did not violate statutory requirement that charges to PIP insurer not exceed amount provider customarily charges for like services

19 Fla. L. Weekly Supp. 436a

Online Reference: FLWSUPP 1906THOMInsurance — Personal injury protection — Evidence — No abuse of discretion in permitting medical provider to argue to jury that insurer should not be permitted to withdraw benefits retroactively based on independent medical examination; prohibiting insurer from arguing that insured was indemnified in event that treatment was found to be not reasonable and provider sued insured; allowing evidence that other providers refused to accept insured’s insurance; allowing evidence of insurer’s alleged failure to act in good faith; and allowing evidence that insurer provides benefits for spiritual healing when there no benefits for spiritual healing were being sought

19 Fla. L. Weekly Supp. 746a

Online Reference: FLWSUPP 1909MAUGInsurance — Personal injury protection — Coverage — Emergency services — Exhaustion of policy limits — Where insurer is mandated by statute to reserve $5,000 for emergency medical service providers, and medical provider within that classification filed claim within 30 days of insurer’s receipt of notice of loss as required by statute, insurer is liable for claim despite exhaustion of policy limits — Fact that provider filed claim with incorrect claim number is not defense to payment of claim — PIP insurer’s liability for claim is not affected by fact that claim was submitted to and paid by secondary insurer after rejection by PIP insurer

19 Fla. L. Weekly Supp. 948a

Online Reference: FLWSUPP 1911SAINInsurance — Personal injury protection — Coverage — Emergency services — Deductible — Because insurer is mandated by statute to reserve $5,000 for emergency medical service providers, insurer should not have applied claim filed by medical provider within that classification to deductible

19 Fla. L. Weekly Supp. 947

aOnline Reference: FLWSUPP 1911WATTInsurance — Personal injury protection — Coverage — Emergency services — Deductible — Because insurer is mandated by statute to reserve $5,000 for emergency medical service providers, insurer should not have applied claim filed by medical provider within that classification to deductible