Volume 21

21 Fla. L. Weekly Supp. 948a

Online Reference: FLWSUPP 2109MARIInsurance — 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. 945a

Online Reference: FLWSUPP 2109ARIOInsurance — 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. 942a

Online Reference: FLWSUPP 2109BARRInsurance — 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. 939a

Online Reference: FLWSUPP 2109OLIVInsurance — 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. 831a

Online Reference: FLWSUPP 2108CHISInsurance — Personal injury protection — Coverage — Medical expenses — PIP policy providing that insurer will pay 80% of reasonable expenses but also providing that amount payable “shall be subject to any and all limitation” authorized by PIP statute does not provide clear and unambiguous notice of intent to limit reimbursement to Medicare Part B fee schedule

21 Fla. L. Weekly Supp. 825b

Online Reference: FLWSUPP 2108ARANInsurance — Personal injury protection — Coverage — Medical expenses — PIP policy providing that insurer will pay 80% of reasonable expenses but also providing that amount payable “shall be subject to any and all limitation” authorized by PIP statute does not provide clear and unambiguous notice of intent to limit reimbursement to Medicare Part B fee schedule

21 Fla. L. Weekly Supp. 823a

Online Reference: FLWSUPP 2108MADIInsurance — Personal injury protection — Coverage — Medical expenses — Policy provision that makes vague references to amounts payable being “subject to any and all limitations authorized by [PIP statute]…including, but not limited to, all fee schedules” does not unambiguously elect to limit reimbursement to permissive statutory fee schedule — 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 — 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 demonstrates that policy provision is far from clear and unambiguous

21 Fla. L. Weekly Supp. 800a

Online Reference: FLWSUPP 2108EUMInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charge — Permissive fee schedules — Policy language stating that amounts payable shall be subject to any and all limitations authorized by section 627.736 or any other provision of No-Fault Law, including, but not limited to, all fee schedules, did not constitute a clear and unambiguous election to limit reimbursement to 200% of Medicare Fee Schedule — Insurer required to reimburse provider at contracted rate of 80% of reasonable charges for medical services provided

21 Fla. L. Weekly Supp. 796a

Online Reference: FLWSUPP 2108ZIInsurance — Personal injury protection — Coverage — Medical expenses — PIP policy which states that insurer will pay 80% of reasonable expenses and provides that amounts payable shall be subject to any and all limitations authorized by PIP statute including all fee schedules does not clearly and unambiguously elect to limit reimbursement to permissive statutory fee schedule

21 Fla. L. Weekly Supp. 561a

Online Reference: FLWSUPP 2106FLOWInsurance — Personal injury protection — Coverage — Medical expenses — Policy language providing that insurer will pay 80% of reasonable expenses but also providing that amount payable “shall be subject to any and all limitations” authorized by PIP statute does not provide clear and unambiguous notice of intent to limit reimbursement to Medicare Part B fee schedule — Question certified