Volume 20

20 Fla. L. Weekly Supp. 596b

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

20 Fla. L. Weekly Supp. 451b

Online Reference: FLWSUPP 2004RINCInsurance — Personal injury protection — Coverage — Insurer cannot rely on permissive Medicare Part B fee schedule of section 627.736(5)(a)2.f. where insurer did not clearly and unambiguously adopt that payment methodology in its policy, and clear language in policy provides that insurer will pay 80% of reasonable expenses

20 Fla. L. Weekly Supp. 930a

Online Reference: FLWSUPP 2009RODRInsurance — Personal injury protection — Coverage — Medical expenses — Insurer may not limit coverage in accordance with permissive statutory fee schedule where policy provides that insurer will reimburse 80% of medically necessary expenses and does not mention Medicare Part B fee schedule

20 Fla. L. Weekly Supp. 509a

Online Reference: FLWSUPP 2005BARKInsurance — Personal injury protection — Coverage — Medical expenses — Policy language providing that insurer will pay 80% of reasonable medical expenses controls over permissive statutory fee schedule where policy makes no reference to statutory fee schedule

20 Fla. L. Weekly Supp. 150a

Online Reference: FLWSUPP 2002HACKInsurance — Personal injury protection — Coverage — Where policy does not reference permissive fee schedule of section 627.736(5)(a)2, PIP insurer is required to reimburse 80% of reasonable medical expenses pursuant to mandatory language of PIP statute

20 Fla. L. Weekly Supp. 149c

Online Reference: FLWSUPP 2002JONEInsurance — Personal injury protection — Coverage — Where policy does not reference permissive fee schedule of section 627.736(5)(a)2, PIP insurer is required to reimburse 80% of reasonable medical expenses pursuant to mandatory language of PIP statute

20 Fla. L. Weekly Supp. 1073b

Online Reference: FLWSUPP 2011BURNInsurance — Personal injury protection — Coverage — Medical expenses — Where PIP policy provides that insurer may limit reimbursement to 80% of reasonable expenses allowed by No-Fault Law subject to applicable fee schedule and payment limitations, insurer is allowed to limit payment using statutory fee schedules — Fact that policy also states that insurer will pay 80% of all reasonable expenses allowed by No-Fault Law is not inconsistent with application of fee schedules

20 Fla. L. Weekly Supp. 289a

Online Reference: FLWSUPP 2003VEGAInsurance — Personal injury protection — Coverage — Permissive fee schedule of section 627.736(5)(a)2 can be applied where policy language specifically and unambiguously advises that insurer will pay 80% of reasonable expenses, subject to applicable fee schedules and payment limitations

20 Fla. L. Weekly Supp. 161a

Online Reference: FLWSUPP 2002GOLDInsurance — Personal injury protection — Coverage — Where PIP policy provides that insurer will pay 80% of reasonable expenses and on separate page provides that any amounts payable will be “subject to” limitations in PIP statute, insurer has not incorporated optional provisions of Medicare fee schedule into policy — Even if “subject to” language could be interpreted as incorporating Medicare fee schedule, by using confusing language on separate page of policy from provision requiring payment of 80% of reasonable expenses, insurer failed to satisfy requirement of Kingsway that election to use permissive statutory fee schedule be made in manner so that insured and medical providers would be aware of it

20 Fla. L. Weekly Supp. 1000c

Online Reference: FLWSUPP 2010QUINInsurance — Personal injury protection — Coverage — Medical expenses — By using confusing language providing for payment of 80% of reasonable expenses while also referencing “other payment guidelines in No Fault Law,” “any schedule and limitations under federal or state law for medical expenses,” and “various sources of information” to determine if medical expense is “reasonable,” insurer failed to satisfy requirement that election to use permissive statutory fee schedule be made in manner so that insured and medical providers would be aware of it