Volume 20

20 Fla. L. Weekly Supp. 185b

Online Reference: FLWSUPP 2002RODRInsurance — Personal injury protection — Demand letter addressed to correct authorized representative at incorrect post office box which was actually received by insurer substantially complied with section 627.736(10) — Proper standard when reviewing compliance of a PDL is “substantial compliance” and not “strict compliance”

20 Fla. L. Weekly Supp. 389a

Online Reference: FLWSUPP 2004NBURInsurance — Personal injury protection — Coverage — Medical expenses — Deductible — Claims need not be applied to deductible within 30 days so long as there is a “reasonable basis” for denying the claim — Where insurer initially denied claims based on a coverage investigation regarding alleged material misrepresentations made by insured in her insurance application, and trial court determined that these defenses were not meritorious, insurer thereafter properly applied the bills and determined that the costs were within the deductible — Trial court erred in awarding payment to provider

20 Fla. L. Weekly Supp. 77a

Online Reference: FLWSUPP 2001MCCLInsurance — Personal injury protection — Deductible — PIP statute and policy require that deductible be subtracted from total billing amount before statutory or contractual reductions are applied

20 Fla. L. Weekly Supp. 322a

Online Reference: FLWSUPP 2004JALVInsurance — Personal injury protection — Trial court erred in entering final summary judgment in favor of provider who sought payment for treatment provided to insured’s mother for injuries sustained when she was a passenger in insured’s vehicle where at time of accident mother was registrant of operable leased vehicle — Trial court erred in finding that, because mother signed lease papers for her daughter because of her daughter’s bad credit, the daughter was the beneficial owner of the leased vehicle — Subjective intent of mother to gift leased vehicle to her daughter was not sufficient to contradict mother’s legal interest in the vehicle

20 Fla. L. Weekly Supp. 887a

Online Reference: FLWSUPP 2009SURDInsurance — Personal injury protection — No abuse of discretion in granting summary judgment for medical provider despite pendency of petition for rule to show cause why proposed deponents should not be held in contempt for failing to appear at depositions where insurer failed to act diligently in seeking discovery and did not request continuance of summary judgment hearing to complete discovery

20 Fla. L. Weekly Supp. 676a

Online Reference: FLWSUPP 2007MATIInsurance — Personal injury protection — Coverage — Medical expenses — Policy language providing that insurer will pay 80% of reasonable expenses but also referencing “applicable fee schedules” does not provide clear and unambiguous notice of intent to limit reimbursement pursuant to Medicare Part B fee schedule of section 627.736(5)(a)2.f.

20 Fla. L. Weekly Supp. 673a

Online Reference: FLWSUPP 2007SCHWInsurance — Personal injury protection — Coverage — Medical expenses — Policy language providing that insurer will pay 80% of reasonable expenses but also referencing “all fee schedules” does not provide clear and unambiguous notice of intent to limit reimbursement pursuant to Medicare Part B fee schedule of section 627.736(5)(a)2.f.

20 Fla. L. Weekly Supp. 824a

Online Reference: FLWSUPP 2008COTTInsurance — Personal injury protection — Coverage — Medical expenses — Where policy provides that insurer will pay 80% of reasonable expenses, insurer cannot sytematically reimburse medical expenses at 200% of Medicare Part B fee schedule without any consideration of reasonableness of amounts charged

20 Fla. L. Weekly Supp. 683a

Online Reference: FLWSUPP 2007TMORInsurance — Personal injury protection — Coverage — Medical expenses — Where policy provides that insurer will pay 80% of reasonable expenses, insurer cannot reimburse medical expenses at 200% of Medicare Part B fee schedule without any analysis of reasonableness of amounts charged

20 Fla. L. Weekly Supp. 598a

Online Reference: FLWSUPP 2006JEANInsurance — Personal injury protection — Coverage — Insurer cannot rely on statutory permissive Medicare Part B fee schedule where insurer did not mention that payment methodology in its policy, and clear language in policy provides that insurer will pay 80% of reasonable expenses