Volume 21

21 Fla. L. Weekly Supp. 234a

Online Reference: FLWSUPP 2103SOMMInsurance — Personal injury protection — Demand letter — Where statute requires that copy of assignment of benefits accompany demand letter, providing assignment is condition precedent to suit — Proper remedy for medical provider’s failure to include assignment with demand letter is abatement or stay of claim until provider notifies court of compliance with statute — Trial court erred in ordering provider to file amended complaint with assignment attached

21 Fla. L. Weekly Supp. 927a

Online Reference: FLWSUPP 2109ROYInsurance — Personal injury protection — Demand letter — Medical provider’s failure to attach to demand letter back side of assignment of benefits that contained only signature of assignor is technical matter that did not prevent demand letter from substantially complying with statute — Further, insurer waived signature issue by failing to raise issue until after suit was filed

21 Fla. L. Weekly Supp. 496a

Online Reference: FLWSUPP 2106ROJAInsurance — Personal injury protection — Demand letter — Sufficiency — Demand letter that stated total amount billed and did not account for prior payments by insurer did not satisfy statutory condition precedent

21 Fla. L. Weekly Supp. 425c

Online Reference: FLWSUPP 2105LDICInsurance — Personal injury protection — Demand letter — Demand letters fail to satisfy condition precedent to suit where balance shown by statements attached to demand letters does not match balances demanded in letters and it is unclear what specific treatments, dates of treatment and charges are claimed by letters

21 Fla. L. Weekly Supp. 180a

Online Reference: FLWSUPP 2102NDIAInsurance — Personal injury protection — Interest — Method of calculating

21 Fla. L. Weekly Supp. 188a

Online Reference: FLWSUPP 2102MSOLInsurance — Personal injury protection — Interest — Insurer was statutorily required to pay interest on overdue charges

21 Fla. L. Weekly Supp. 988c

Online Reference: FLWSUPP 2110PEREInsurance — Personal injury protection — Summary judgment — In ruling on motion for summary judgment, trial court erred in considering documents that were not served on insured or filed with court prior to hearing on motion

21 Fla. L. Weekly Supp. 197a

Online Reference: FLWSUPP 2102NHERInsurance — Personal injury protection — Coverage — Claimant who failed to maintain insurance on own vehicle — Inoperable vehicle — Vehicle that was temporarily inoperable due to mechanical failure and claimant’s inability to pay for repairs was not required to be insured — Partial summary judgment regarding coverage is entered in favor of medical provider

21 Fla. L. Weekly Supp. 568a

Online Reference: FLWSUPP 2106SAMPInsurance — Personal injury protection — Coverage — Medical expenses — PIP policy which states that insurer will pay benefits in at least two different ways at insurer’s option does not clearly elect to limit reimbursement to permissive statutory fee schedule

21 Fla. L. Weekly Supp. 470a

Online Reference: FLWSUPP 2106SPYRInsurance — Personal injury protection — Coverage — Medical expenses — Where PIP policy states that any amounts payable shall be subject to any and all limitations, including all fee schedules, insurer clearly and unambiguously elected permissive statutory fee schedule and was entitled to limit reimbursement in accordance with fee schedule