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Volume 21

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GABLES INSURANCE RECOVERY, INC A/A/O OMAR HERNANDEZ DE LA PAZ, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

21 Fla. L. Weekly Supp. 806a

Online Reference: FLWSUPP 2108PAZInsurance — Personal injury protection — Coverage — Exhaustion of policy limits — In absence of any evidence of bad faith, where benefits were exhausted in payment of other medical providers before plaintiff medical provider filed suit, insurer is entitled to summary judgment — Insurer was not required to reserve funds for claim reduced through erroneous application of statutory fee schedule and is not liable for balance of reduced claim after exhaustion of benefits

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WELLNESS ASSOCIATES OF FLORIDA, INC. (Meridional Maccenat), Plaintiff, vs. MGA INSURANCE COMPANY, INC., Defendant.

21 Fla. L. Weekly Supp. 698a

Online Reference: FLWSUPP 2107MACCInsurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — In absence of any evidence of bad faith, insurer is entitled to summary judgment where benefits were exhausted by payments to other medical providers before provider filed suit in this case — Insurer was not required to reserve funds for claim which was reduced through erroneous application of fee schedule in 2008 PIP statute and is not liable for payment of balance of reduced claim after exhaustion of benefits

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UNIVERSAL X-RAY CORP a/a/o MARK PORTER, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant

21 Fla. L. Weekly Supp. 84a

Online Reference: FLWSUPP 2101PORTInsurance — Personal injury protection — Coverage — Exhaustion of policy limits — In absence of any evidence of bad faith, where benefits were exhausted in payment of other medical providers before plaintiff medical provider filed suit, insurer is entitled to summary judgment — Insurer was not required to reserve funds for claim reduced through erroneous application of statutory fee schedule and is not liable for payment of balance of reduced claim after exhaustion of benefits

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HALLANDALE OPEN MRI, LLC, as assignee of Paul Kindelan, Plaintiff, vs. STATE FARM MUTUAL AUTO INSURANCE CO, Defendant.

21 Fla. L. Weekly Supp. 99a

Online Reference: FLWSUPP 2101KINDInsurance — Personal injury protection — Evidence — Where insurer did not make clear election in policy to pay benefits based on statutory fee schedule of section 627.736(5)(a)2 and did not issue payment based on that fee schedule, insurer may not mention statutory fee schedule or PIP insurers that have amended their policies to pay bills based on statutory fee schedule — Where amount paid by insurer was not accepted by medical provider as payment in full, insurer is precluded from advising jury of amount paid

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