Volume 21

21 Fla. L. Weekly Supp. 997b

Online Reference: FLWSUPP 2110KEHRInsurance — Personal injury protection — Coverage — Medical expenses — PIP policy providing that insurer will pay 80% of reasonable expenses “subject to the applicable fee schedules and payment limitations” in PIP statute fails to clearly and unambiguously elect to limit reimbursement to permissive statutory fee schedule

21 Fla. L. Weekly Supp. 627a

Online Reference: FLWSUPP 2107MONDInsurance — Personal injury protection — Coverage — Medical expenses — Policy that clearly and unambiguously subjects payments to all fee schedules authorized by PIP statute unambiguously elects to limit reimbursement to permissive statutory fee schedule

21 Fla. L. Weekly Supp. 580a

Online Reference: FLWSUPP 2106INFAInsurance — Personal injury protection — Small claims — Doctrine of de minimis non curat lex does not preclude small claims action seeking $58.82 in PIP benefits

21 Fla. L. Weekly Supp. 78a

Online Reference: FLWSUPP 2101SCHUInsurance — Personal injury protection — Small claims — Doctrine of de minimis non curat lex does not preclude small claims action seeking $3.36 in PIP benefits

21 Fla. L. Weekly Supp. 697c

Online Reference: FLWSUPP 2107MILFInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Countervailing expert testimony on reasonableness of charges creates genuine issue of material fact precluding entry of summary judgment — Fact that insurer paid medical provider’s bill at 200% of Medicare fee schedule does not preclude insurer from disputing reasonableness of charges

21 Fla. L. Weekly Supp. 589a

Online Reference: FLWSUPP 2106VENEInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Summary judgment — Court declines to consider opposing affidavit that was untimely filed and untimely served — Even if affidavit were considered, testimony as to amounts of fee schedules alone is insufficient to raise disputed issue of fact as to reasonableness of charges — Final judgment is entered in favor of medical provider

21 Fla. L. Weekly Supp. 201b

Online Reference: FLWSUPP 2102ROBIInsurance — Personal injury protection — Coverage — Medical expenses — Reasonable, related, and necessary treatment — Affidavit of physician was not competent evidence of relatedness and medical necessity of treatment provided to insured where affiant and treating physician were licensed under different chapters of Florida Statutes — Chiropractic treatment — Affidavit of chiropractor submitted by insurer was sufficient to raise disputed issue of material fact only with respect to “daily consecutive treatment” for certain dates, but raises no disputed issue of material fact as to any other issue — Discussion of deficiencies in affidavit

21 Fla. L. Weekly Supp. 691a

Online Reference: FLWSUPP 2107HERNInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Summary judgment — Opposing affidavit filed by insurer does not preclude summary judgment in favor of medical provider on issue of reasonableness of charges where affidavit was inconsistent with insurer’s previous litigation position that reduction of provider’s bill was based on application of statutory fee schedule, which was not elected as reimbursement method in policy

21 Fla. L. Weekly Supp. 487b

Online Reference: FLWSUPP 2106LEXCInsurance — Personal injury protection — Summary judgment — Reasonableness of charges — Opposing affidavits filed by insurer did not preclude summary judgment in favor of medical provider on issue of reasonableness of charges where affidavits relied relying on Medicare fee schedule to prove unreasonableness of charges, policy was purchased prior to effective date of legislation allowing such schedules to be used as alternative reimbursement method if insurers elected such method in policies, and insurer had not elected to rely on Medicare fee schedule in its policies

21 Fla. L. Weekly Supp. 711a

Online Reference: FLWSUPP 2107WIL2Insurance — Personal injury protection — Summary disposition — Reasonableness of charges — Medical provider met burden of establishing reasonableness of MRI charge — Opposing affidavit of insurer’s expert was self-serving, conclusory, based on hearsay, and lacked foundation for opinion that amount charged was unreasonable — Provider’s motion for summary disposition on issue of reasonableness is granted