Volume 20

20 Fla. L. Weekly Supp. 375a

Online Reference: FLWSUPP 2004UNITInsurance — Personal injury protection — Coverage — Medical expenses — Res judicata — Final judgment in provider’s first case against insurer foreclosed provider’s later suit based on invoices resulting from treatment of same patient for same injuries resulting from same accident — Each of insurer’s successive breaches was related in time, origin, and motivation, they collectively formed a convenient trial unit, and provider had ample procedural means for fully developing entire transaction in one action going to the merits

20 Fla. L. Weekly Supp. 292b

Online Reference: FLWSUPP 2003WINNInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Summary judgment — Opposing affidavit stating that insurer “considers 80% of 200% of the 2008 Medicare Part B Fee Schedule to be the maximum reasonable charge for the service/treatment billed by the Plaintiff” was insufficient to demonstrate existence of genuine issue of material fact in the face of sworn affidavit submitted by plaintiff in which affiant testified that she was familiar with usual and customary charges in the community because she had reviewed thousands of explanations of benefits indicating reimbursable amounts for the CPT codes at issue in instant case and that the amounts charged in this case were reasonable and customary in the community

20 Fla. L. Weekly Supp. 623b

Online Reference: FLWSUPP 2006LARAInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges

20 Fla. L. Weekly Supp. 937a

Online Reference: FLWSUPP 2009SEARInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Insurer failed to create genuine issue of material fact regarding reasonableness of provider’s charges where insurer’s expert, who opined that charges were unreasonable and that an amount equal to 200% of Medicare Part B fee schedule was the only “reasonable” amount, relied exclusively on undisclosed “underlying data” which insurer failed to produce or make available for inspection

20 Fla. L. Weekly Supp. 80a

Online Reference: FLWSUPP 2001GUERInsurance — Personal injury protection — Coverage — Medical expenses — Demand letter — Insurer waived defense that presuit demand letter did not comply with requirements of statute by failing to raise issue in its response to demand — Demand letter not defective for failing to attach copy of insurer’s notice withdrawing payment for further treatment where demand letter was not seeking payment for future treatment, but for services already rendered — Reasonableness of treatment — Conclusory and self-serving affidavit filed by insurer in response to provider’s affidavit was insufficient to create genuine issue of material fact regarding reasonableness of charges

20 Fla. L. Weekly Supp. 894a

Online Reference: FLWSUPP 2009RIVEInsurance — Personal injury protection — Coverage — Medical expenses — Error to enter summary judgment regarding relatedness and medical necessity of treatment where genuine issues of material fact exist

20 Fla. L. Weekly Supp. 155a

Online Reference: FLWSUPP 2002OLIVInsurance — Personal injury protection — Venue — Insurer, which through offices of its independent brokers, regularly transacts substantial part of its usual and customary business from office within Broward County, cannot shield itself from being sued in that county — Motion to transfer venue is denied

20 Fla. L. Weekly Supp. 154a

Online Reference: FLWSUPP 2002FJIMInsurance — Personal injury protection — Venue — Insurer, which through offices of its independent brokers, regularly transacts substantial part of its usual and customary business from office within Broward County, cannot shield itself from being sued in that county — Motion to transfer venue is denied

20 Fla. L. Weekly Supp. 153a

Online Reference: FLWSUPP 2002FARIInsurance — Personal injury protection — Venue — Insurer, which through offices of its independent brokers, regularly transacts substantial part of its usual and customary business from office within Broward County, cannot shield itself from being sued in that county — Motion to transfer venue is denied

20 Fla. L. Weekly Supp. 152b

Online Reference: FLWSUPP 2002VGONInsurance — Personal injury protection — Venue — Insurer, which through offices of its independent brokers, regularly transacts substantial part of its usual and customary business from office within Broward County, cannot shield itself from being sued in that county — Motion to transfer venue is denied