Volume 21

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

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

21 Fla. L. Weekly Supp. 1068b

Online Reference: FLWSUPP 2110ROCCInsurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Summary judgment

21 Fla. L. Weekly Supp. 566a

Online Reference: FLWSUPP 2106PARKInsurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Where benefits were exhausted prior to medical provider filing suit, and there is no allegation or proof of bad faith, insurer’s motion for summary judgment is granted

21 Fla. L. Weekly Supp. 350a

Online Reference: FLWSUPP 2104MUNOInsurance — Coverage — Exhaustion of policy limits

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

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

21 Fla. L. Weekly Supp. 700a

Online Reference: FLWSUPP 2107AMORInsurance — Insurer entitled to summary judgment where medical provider brought suit against wrong insurer

21 Fla. L. Weekly Supp. 195a

Online Reference: FLWSUPP 2102GRANInsurance — Personal injury protection — Coverage — Medical expenses — Inadequacy of record keeping is not lawful basis for nonpayment of PIP benefits — Insurer’s witness is precluded from testifying as to any inadequacy of medical records

21 Fla. L. Weekly Supp. 97c

Online Reference: FLWSUPP 2101RICKInsurance — Personal injury protection — Coverage — Medical expenses — Deductible — PIP statute and policy require that deductible be subtracted from total billing amount before statutory percentage limitations are applied