Volume 21

21 Fla. L. Weekly Supp. 818a

Online Reference: FLWSUPP 2108AUGUInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Summary disposition — Opposing affidavit filed by insurer does not preclude summary disposition in favor of medical provider on issue of reasonableness of MRI charge where affidavit is conclusory and lacks foundation, and affiant is not qualified to render opinion on reasonableness of MRI charge — Fact that Medicare and workers’ compensation allow less than amount billed by provider does not, by itself, create factual issue as to reasonableness of charge

21 Fla. L. Weekly Supp. 812a

Online Reference: FLWSUPP 2108MOORInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Summary judgment — Opposing affidavits filed by insurer do not preclude summary judgment in favor of medical provider on issue of reasonableness of MRI charge where affidavits are conclusory and lack foundation, and affiants are not qualified to render opinion on reasonableness of MRI charge — Fact that Medicare and workers’ compensation allow less than amount billed by provider does not, by itself, create factual issue as to reasonableness of charge

21 Fla. L. Weekly Supp. 811a

Online Reference: FLWSUPP 2108BUTLInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Summary judgment — Opposing affidavit filed by insurer does not preclude summary judgment in favor of medical provider on issue of reasonableness of MRI charge where affidavit is conclusory and lacks foundation, and affiant is not qualified to render opinion on reasonableness of MRI charge — Fact that Medicare and workers’ compensation allow less than amount billed by provider does not, by itself, create factual issue as to reasonableness of charge

21 Fla. L. Weekly Supp. 709a

Online Reference: FLWSUPP 2107PIERInsurance — Personal injury protection — Summary judgment — Reasonableness of charges — Medical provider met burden of proving that its charge for MRI services was reasonable — Opposing affidavit of litigation adjuster who was not expert and excluded consideration of evidence of any amounts above 200% of Medicare fee schedule is insufficient to create genuine issue of material fact — Summary judgment is granted in favor of provider

21 Fla. L. Weekly Supp. 703a

Online Reference: FLWSUPP 2107GARCInsurance — Personal injury protection — Expert witness — Insurer’s actuary is not qualified to render opinion on reasonableness of MRI charges where proposed witness has never worked for or provided billing services for MRI providers, has no knowledge of what hospitals or other MRI providers in county charge for MRIs, and, in reaching his opinion, excluded from consideration evidence of usual and customary charges and payment accepted by medical provider and any amounts above 200% of Medicare Part B fee schedule

21 Fla. L. Weekly Supp. 702a

Online Reference: FLWSUPP 2107SCOTInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Summary judgment entered in favor of provider on issue of reasonableness where it is undisputed that medical provider’s charge was within range of what most MRI providers charge for CPT code at issue — Opinion of insurer’s witness that 200% of Medicare fee schedule is reasonable is insufficient to create disputed issue of fact because opinion was not based on witness’s own perceptions and was conclusory

21 Fla. L. Weekly Supp. 1080a

Online Reference: FLWSUPP 2110DUNCInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Summary disposition — Opposing affidavits filed by insurer do not preclude summary disposition in favor of medical provider on issue of reasonableness of MRI charge where affidavits are conclusory and lack foundation, and affiants are not qualified to render opinion on reasonableness of MRI charge — Fact that Medicare, workers’ compensation and health insurance pay less than amount billed by provider does not, by itself, create factual issue as to reasonableness of charge

21 Fla. L. Weekly Supp. 1079a

Online Reference: FLWSUPP 2110DMARInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Summary disposition — Opposing affidavit filed by insurer do not preclude summary disposition in favor of medical provider on issue of reasonableness of MRI charge where affidavit is conclusory and lacks foundation, and affiant is not qualified to render opinion on reasonableness of MRI charge — Fact that Medicare, workers’ compensation and health insurance pay less than amount billed by provider does not, by itself, create factual issue as to reasonableness of charge

21 Fla. L. Weekly Supp. 1077a

Online Reference: FLWSUPP 2110BBROInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Summary disposition — Opposing affidavit filed by insurer do not preclude summary disposition in favor of medical provider on issue of reasonableness of MRI charge where affidavit is conclusory and lacks foundation, and affiant is not qualified to render opinion on reasonableness of MRI charge — Fact that Medicare, workers’ compensation and health insurance pay less than amount billed by provider does not, by itself, create factual issue as to reasonableness of charge

21 Fla. L. Weekly Supp. 1075a

Online Reference: FLWSUPP 2110DAMUInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Summary disposition — Opposing affidavits filed by insurer do not preclude summary disposition in favor of medical provider on issue of reasonableness of MRI charge where affidavits are conclusory and lack foundation, and affiants are not qualified to render opinion on reasonableness of MRI charge — Fact that Medicare, workers’ compensation, and health insurance pay less than amount billed by provider does not, by itself, create factual issue as to reasonableness of charge