Volume 20

20 Fla. L. Weekly Supp. 586a

Online Reference: FLWSUPP 2006TERPInsurance — 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

20 Fla. L. Weekly Supp. 711a

Online Reference: FLWSUPP 2007BRADInsurance — Personal injury protection — Coverage — Medical expenses — Deductible — Where PIP policy specifically refers to fee schedule limitations of section 627.736(5)(a)2.f., insurer properly applied deductible to 200% of Medicare Part B or workers compensation fee schedule

20 Fla. L. Weekly Supp. 932a

Online Reference: FLWSUPP 2009DOMIInsurance — Personal injury protection — Coverage — Plaintiff’s motion for summary disposition on issue of insurer’s application of permissive statutory fee schedule is denied where amendment to PIP policy clearly and unambiguously advises that insurer will pay 80% of expenses at 200% of Medicare Part B fee schedule

20 Fla. L. Weekly Supp. 1096c

Online Reference: FLWSUPP 2011GOMEInsurance — Personal injury protection — Coverage — Medical expenses — PIP insurer was not entitled to limit reimbursement pursuant to Medicare Part B fee schedule where permissive statutory fee schedule is not properly incorporated into policy

20 Fla. L. Weekly Supp. 1096b

Online Reference: FLWSUPP 2011FRAGInsurance — Personal injury protection — Coverage — Medical expenses — PIP insurer was not entitled to limit reimbursement pursuant to Medicare Part B fee schedule where permissive statutory fee schedule is not properly incorporated into policy

20 Fla. L. Weekly Supp. 1096a

Online Reference: FLWSUPP 2011DIAZInsurance — Personal injury protection — Coverage — Medical expenses — PIP insurer was not entitled to limit reimbursement pursuant to Medicare Part B fee schedule where permissive statutory fees schedule is not properly incorporated into policy

20 Fla. L. Weekly Supp. 1088b

Online Reference: FLWSUPP 2011SALIInsurance — Personal injury protection — Doctrine of de minimis non curat lex does not preclude action seeking $36 in unpaid PIP benefits

20 Fla. L. Weekly Supp. 920a

Online Reference: FLWSUPP 2009CACCInsurance — Personal injury protection — Doctrine of de minimis non curat lex does not preclude action seeking $65 in unpaid PIP benefits

20 Fla. L. Weekly Supp. 518a

Online Reference: FLWSUPP 2005ALGUInsurance — Personal injury protection — Small claims — Doctrine of de minimis non curat lex does not preclude small claims action seeking less than $100 for breach of contract and unpaid PIP benefits

20 Fla. L. Weekly Supp. 829a

Online Reference: FLWSUPP 2008IRVIInsurance — Personal injury protection — Coverage — Medical benefits — Second opinion sought after insurer terminated benefits following independent medical examination — Bill submitted under CPT Code for outpatient visit for the evaluation and management of a new patient was compensable under policy and Florida No-Fault Law notwithstanding insurer’s classification of claim as one for “second opinion independent Medical Examination” — Whether services were medically necessary and related to accident at issue and whether amount billed was reasonable are issues for jury to determine