Volume 21

21 Fla. L. Weekly Supp. 567a

Online Reference: FLWSUPP 2106BERRInsurance — Personal injury protection — Disclosure and acknowledgment form — Where medical provider did not opt out of class action regarding bills denied by insurer based on noncompliant D&A forms, final judgment in class action extinguished and released provider’s claims for bills that were denied due to noncompliant D&A forms

21 Fla. L. Weekly Supp. 188b

Online Reference: FLWSUPP 2102ALAVInsurance — Personal injury protection — Independent medical examination — Failure to attend — Insurer waived right to dispute claim based on insured’s failure to attend two IMEs by requiring insured to attend examination under oath after he failed to attend IMEs — Insured’s nonattendance at unilaterally set IMEs as result of being out of country at time of IMEs does not constitute refusal

21 Fla. L. Weekly Supp. 838b

Online Reference: FLWSUPP 2108WILLInsurance — Personal injury protection — Fraud — False or misleading statement relating to claim or charge — Statute which relieves insurer or insured from paying claims to any person who knowingly submits false or misleading statement relating to claim or charges does not relieve insurer from paying claims that contained name of physician who no longer worked for provider when services were rendered where provider had no actual knowledge that billing software continued to insert name of physician in Box 31 of claim forms after physician’s departure — No merit to argument that provider acted with reckless disregard or deliberate ignorance where billing clerk took affirmative steps to change information in software and had good faith belief that she had properly done so

21 Fla. L. Weekly Supp. 581a

Online Reference: FLWSUPP 2106AGOMInsurance — Personal injury protection — Evidence — Motions to preclude mention of payments made by insurer, Medicare and permissive statutory fee schedule granted

21 Fla. L. Weekly Supp. 338a

Online Reference: FLWSUPP 2104MANNInsurance — Personal injury protection — Discovery — Documents — Motion to compel better responses to medical provider’s request to produce is granted

21 Fla. L. Weekly Supp. 335b

Online Reference: FLWSUPP 2104ANGLInsurance — Personal injury protection — Demand letter is legally insufficient for failing to clearly specify amount due and owing by insurer — Assignment of benefits attached to demand letter is legally insufficient

21 Fla. L. Weekly Supp. 858a

Online Reference: FLWSUPP 2109MACLNOT FINAL VERSION OF OPINION
Subsequent Changes at 22 Fla. L. Weekly Supp. 20aInsurance — Personal injury protection — Demand letter — Sufficiency — Demand letter with attached and referenced itemized billing ledger substantially complied with requirements of section 627.736(10) — There is no requirement that CPT codes be included in demand letter

21 Fla. L. Weekly Supp. 693c

Online Reference: FLWSUPP 2107ORTEInsurance — Personal injury protection — Demand letter — Where medical provider sent demand letter before bills were overdue and then filed complaint 12 days prematurely, proper remedy is dismissal — No merit to argument that defect in pre-suit notice is cured by passage of time

21 Fla. L. Weekly Supp. 565a

Online Reference: FLWSUPP 2106MITCInsurance — Personal injury protection — Demand letter — Medical provider was not required to send additional demand letter when seeking to amend complaint to add additional dates of service

21 Fla. L. Weekly Supp. 184b

Online Reference: FLWSUPP 2102KISHInsurance — Personal injury protection — Demand letter — No merit to contention that insurer waived affirmative defense of insufficient pre-suit demand letter where insurer asserted defense with sufficient particularity and did not waive it in answers to discovery — Demand letter that contained itemized statement of exact amount due for each date of service and type of benefits claimed to be due was sufficient; statute does not require medical provider to compute total of amounts owed