Volume 21

21 Fla. L. Weekly Supp. 825a

Online Reference: FLWSUPP 2108MARSInsurance — Summary disposition — Where evidence clearly establishes that insurer paid full amount in issue subject to IRS withholding, and medical provider accepted payment without objection, summary disposition is entered in favor of insurer

21 Fla. L. Weekly Supp. 441b

Online Reference: FLWSUPP 2105BRADInsurance — Personal injury protection — Standing — Motion to dismiss for lack of standing is denied where insurer admitted that medical provider has standing and did not promptly raise lack of standing as affirmative defense

21 Fla. L. Weekly Supp. 820a

Online Reference: FLWSUPP 2108MEJIInsurance — Personal injury protection — Coverage — Medical expenses — Examination under oath — Failure to attend — Partial summary judgment is entered in favor of medical provider as to EUO no-show defense for all dates of service — Reasonableness, relatedness and necessity of treatment — Summary judgment — Opposing affidavit does not preclude entry of summary judgment in favor of provider on issue of reasonableness, relatedness and necessity of treatment where affidavit is conclusory and speculative, affiant relies on undisclosed underlying data, and affiant bases opinion as to some dates of service on insufficient record keeping, which is not lawful basis for nonpayment of PIP benefits

21 Fla. L. Weekly Supp. 816a

Online Reference: FLWSUPP 2108BOWEInsurance — Personal injury protection — Coverage — Medical expenses — Summary judgment — Opposing affidavits filed by insurer do not preclude summary judgment in favor of medical provider on issues of reasonableness, relatedness and medical necessity of charges where affidavits are conclusory, and insurer failed to demonstrate that opinions are based upon sufficient facts or data or are product of reliable principles and methods and that affiants applied principles and methods reliably to facts of case — Use of 2008 Medicare fee schedule to reduce charges was improper where policy was issued in 2007 — Insufficient record keeping by provider is not lawful basis for nonpayment of PIP benefits

21 Fla. L. Weekly Supp. 808a

Online Reference: FLWSUPP 2108HERRInsurance — Personal injury protection — Coverage — Medical expenses — Lawfully rendered treatment — Where it is undisputed that medical provider’s medical records failed to substantially comply with Florida Minimal Recordkeeping Standards established by administrative rule, treatment was not lawful, and PIP insurer is not obligated to pay for treatment

21 Fla. L. Weekly Supp. 805a

Online Reference: FLWSUPP 2108AIRPInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness, relatedness and necessity of treatment — Summary judgment — Affidavit of doctor licensed under separate chapter of statutes from treating physician is not competent evidence of reasonableness, relatedness and necessity of treatment — Summary judgment is precluded where there are genuine issues of material fact concerning credibility of insured and wife, who staged another automobile accident during course of treatment, and affirmative defense based on failure to comply with chiropractic record keeping requirements

21 Fla. L. Weekly Supp. 263a

Online Reference: FLWSUPP 2103KREJInsurance — Personal injury protection — Claims — Lost wages — Where insured did not submit claim for wage loss and supporting documentation prior to serving pre-suit demand letters demanding lost wages, insured failed to satisfy conditions precedent to submitting demand letter and filing suit — Abatement of proceedings to allow insured to comply with conditions precedent is not appropriate

21 Fla. L. Weekly Supp. 495a

Online Reference: FLWSUPP 2106PRAEInsurance — Personal injury protection — Coverage — Where insured was injured while driving friend’s vehicle with express or implied permission of friend, insurer of friend’s vehicle, not insurer of vehicle owned by sister and brother-in-law with whom insured resided, was responsible for PIP coverage — Even if insured were not covered by friend’s policy, she was covered by separate policy issued by same insurer on vehicle that insured, herself, owns

21 Fla. L. Weekly Supp. 929a

Online Reference: FLWSUPP 2109DICKInsurance — Personal injury protection — Declaratory action — Motion to dismiss petition seeking declaration as to whether section 627.736(1) provides for $10,000 in PIP coverage or $2,500 in PIP coverage when medical record is silent as to whether injured person did or did not have emergency medical condition is denied — Failure to attach policy does not warrant dismissal where dispute stems from statutory provisions described in petition — No merit to claim that petition does not state cause of action for declaratory relief where allegations of petition evince present and actual dispute over scope of coverage — Declaratory action is not barred by statutory requirement that all claims to recover PIP benefits related to same medical provider for same injured person be brought in one action

21 Fla. L. Weekly Supp. 487a

Online Reference: FLWSUPP 2106JARAInsurance — Personal injury protection — Attorneys — Disqualification — Conflict of interest — Insurer did not have standing to seek disqualification of medical provider’s attorney based on attorney’s withdrawal from representation of insured where there is no privity of contract between insurer and provider’s attorney, and conflict does not clearly call into question fair or efficient administration of justice in manner that would allow insurer to stand in shoes of insured and establish standing to seek disqualification