Volume 21

21 Fla. L. Weekly Supp. 1056a

Online Reference: FLWSUPP 2110SANCInsurance — Personal injury protection — Coverage — Medical expenses — Divergent judicial opinions from county and circuit courts as to whether policy provision at issue clearly elects to limit reimbursement to permissive statutory fee schedule render policy provision ambiguous per se — Florida Supreme Court’s opinion in Virtual Imaging does not compel finding that policy provision at issue unambiguously elects use of statutory fee schedule — Sufficiency of policy language was never considered in Virtual Imaging opinion, and policy provision at issue here is much broader and open to wider construction than policy language in Virtual Imaging — Policy provision that makes vague references to “any and all limitations…including, but not limited to, all fee schedules” does not unambiguously elect to limit reimbursement to permissive statutory fee schedule

21 Fla. L. Weekly Supp. 1053b

Online Reference: FLWSUPP 2110VAZQInsurance — Personal injury protection — Coverage — Medical expenses — Policy that clearly subjects all payments to any limitations of PIP statute, including all fee schedules, unambiguously elects to limit reimbursement to permissive statutory fee schedule — Failure to reference Medicare and inclusion of language regarding payment of reasonable charges does not render policy ambiguous

21 Fla. L. Weekly Supp. 989a

Online Reference: FLWSUPP 2110POLIInsurance — Personal injury protection — Coverage — Medical expenses — Policy that provides that all payments shall be subject to limitations authorized by all fee schedules unambiguously elects to limit reimbursement to statutory fee schedules

21 Fla. L. Weekly Supp. 971a

Online Reference: FLWSUPP 2109RASHInsurance — Personal injury protection — Coverage — Medical expenses — Divergent judicial opinions from county and circuit courts as to whether policy provision at issue clearly elects to limit reimbursement to permissive statutory fee schedule render policy provision ambiguous per se — Florida Supreme Court’s opinion in Virtual Imaging does not compel finding that policy provision at issue unambiguously elects use of statutory fee schedule — Sufficiency of policy language was never considered in Virtual Imaging opinion, and policy provision at issue here is much broader and open to wider construction than policy language in Virtual Imaging — Policy provision that makes vague references to “any and all limitations…including, but not limited to, all fee schedules” does not unambiguously elect to limit reimbursement to permissive statutory fee schedule

21 Fla. L. Weekly Supp. 968a

Online Reference: FLWSUPP 2109MESAInsurance — Personal injury protection — Coverage — Medical expenses — Divergent judicial opinions from county and circuit courts as to whether policy provision at issue clearly elects to limit reimbursement to permissive statutory fee schedule render policy provision ambiguous per se — Florida Supreme Court’s opinion in Virtual Imaging does not compel finding that policy provision at issue unambiguously elects use of statutory fee schedule — Sufficiency of policy language was never considered in Virtual Imaging opinion, and policy provision at issue here is much broader and open to wider construction than policy language in Virtual Imaging — Policy provision that makes vague references to “any and all limitations…including, but not limited to, all fee schedules” does not unambiguously elect to limit reimbursement to permissive statutory fee schedule

21 Fla. L. Weekly Supp. 964a

Online Reference: FLWSUPP 2109JPERInsurance — Personal injury protection — Coverage — Medical expenses — Divergent judicial opinions from county and circuit courts as to whether policy provision at issue clearly elects to limit reimbursement to permissive statutory fee schedule render policy provision ambiguous per se — Florida Supreme Court’s opinion in Virtual Imaging does not compel finding that policy provision at issue unambiguously elects use of statutory fee schedule — Sufficiency of policy language was never considered in Virtual Imaging opinion, and policy provision at issue here is much broader and open to wider construction than policy language in Virtual Imaging — Policy provision that makes vague references to “any and all limitations…including, but not limited to, all fee schedules” does not unambiguously elect to limit reimbursement to permissive statutory fee schedule

21 Fla. L. Weekly Supp. 961a

Online Reference: FLWSUPP 2109PIMEInsurance — Personal injury protection — Coverage — Medical expenses — Divergent judicial opinions from county and circuit courts as to whether policy provision at issue clearly elects to limit reimbursement to permissive statutory fee schedule render policy provision ambiguous per se — Florida Supreme Court’s opinion in Virtual Imaging does not compel finding that policy provision at issue unambiguously elects use of statutory fee schedule — Sufficiency of policy language was never considered in Virtual Imaging opinion, and policy provision at issue here is much broader and open to wider construction than policy language in Virtual Imaging — Policy provision that makes vague references to “any and all limitations…including, but not limited to, all fee schedules” does not unambiguously elect to limit reimbursement to permissive statutory fee schedule

21 Fla. L. Weekly Supp. 958a

Online Reference: FLWSUPP 2109DUARInsurance — Personal injury protection — Coverage — Medical expenses — Divergent judicial opinions from county and circuit courts as to whether policy provision at issue clearly elects to limit reimbursement to permissive statutory fee schedule render policy provision ambiguous per se — Florida Supreme Court’s opinion in Virtual Imaging does not compel finding that policy provision at issue unambiguously elects use of statutory fee schedule — Sufficiency of policy language was never considered in Virtual Imaging opinion, and policy provision at issue here is much broader and open to wider construction than policy language in Virtual Imaging — Policy provision that makes vague references to “any and all limitations…including, but not limited to, all fee schedules” does not unambiguously elect to limit reimbursement to permissive statutory fee schedule

21 Fla. L. Weekly Supp. 955a

Online Reference: FLWSUPP 2109UGAZInsurance — Personal injury protection — Coverage — Medical expenses — Divergent judicial opinions from county and circuit courts as to whether policy provision at issue clearly elects to limit reimbursement to permissive statutory fee schedule render policy provision ambiguous per se — Florida Supreme Court’s opinion in Virtual Imaging does not compel finding that policy provision at issue unambiguously elects use of statutory fee schedule where sufficiency of policy language was never considered in Virtual Imaging opinion, and policy provision at issue here is much broader and open to wider construction than policy language in Virtual Imaging — Policy provision that makes vague references to “any and all limitations…including, but not limited to, all fee schedules” does not unambiguously elect to limit reimbursement to permissive statutory fee schedule

21 Fla. L. Weekly Supp. 951a

Online Reference: FLWSUPP 2109GUERInsurance — Personal injury protection — Coverage — Medical expenses — Divergent judicial opinions from county and circuit courts as to whether policy provision at issue clearly elects to limit reimbursement to permissive statutory fee schedule render policy provision ambiguous per se — Florida Supreme Court’s opinion in Virtual Imaging does not compel finding that policy provision at issue unambiguously elects use of statutory fee schedule — Sufficiency of policy language was never considered in Virtual Imaging opinion, and policy provision at issue here is much broader and open to wider construction than policy language in Virtual Imaging — Policy provision that makes vague references to “any and all limitations…including, but not limited to, all fee schedules” does not unambiguously elect to limit reimbursement to permissive statutory fee schedule