Volume 22

22 Fla. L. Weekly Supp. 135a

Online Reference: FLWSUPP 2201BELIInsurance — Personal injury protection — Coverage — Medical expenses — Evidence — Amount medical provider’s competitors charge is relevant to issue of reasonableness of provider’s charges — Motion in limine denied

22 Fla. L. Weekly Supp. 851a

Online Reference: FLWSUPP 2207VILAInsurance — 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 MRI charge where affidavit is conclusory and lacks foundation, and affiant is not qualified to render opinion on reasonableness of charge — Fact that Medicare and private health insurance pay less than amount billed by provider does not, by itself, create factual issue as to reasonableness of charge

22 Fla. L. Weekly Supp. 154b

Online Reference: FLWSUPP 2201LOAIInsurance — Personal injury protection — Coverage — Medical expenses — Evidence — Where insurer has failed to comply with court order compelling it to produce documents identifying cases in which insurer asserts that providers have accepted 200% of Medicare fee schedule or less, and offers made by insurer in different cases with different facts would not be relevant to instant case, insurer is precluded from mentioning settlements made in other cases

22 Fla. L. Weekly Supp. 479b

Online Reference: FLWSUPP 2204CMCDInsurance — Personal injury protection — Affirmative defense asserting that insurer’s liability is limited to terms of policy and endorsement is stricken — Issue is whether amount charged by medical provider was reasonable, not whether insurer paid reasonable amount

22 Fla. L. Weekly Supp. 1079c

Online Reference: FLWSUPP 2209CARGInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Where PIP policy does not clearly and unambiguously elect permissive statutory fee schedule, insurer cannot rely on fee schedule to determine reasonableness of charges — Relatedness and necessity of charges — Insurer that paid medical provider’s bills at reduced amount without challenging relatedness or necessity of charges cannot raise those issues for first time after provider files suit for underpayment of bills

22 Fla. L. Weekly Supp. 856b

Online Reference: FLWSUPP 2207TRODInsurance — Personal injury protection — Coverage — Medical expenses — Related and necessary services — Insurer may not challenge relatedness and necessity of services for which it has already paid benefits

22 Fla. L. Weekly Supp. 713b

Online Reference: FLWSUPP 2206REEDInsurance — Venue — Venue statute governing actions against corporations is not applicable to action against insurer who is reciprocal insurer, not corporation — Venue is proper in county where medical provider’s billing was generated and payment was due — Claims of inconvenience to insurer and witnesses do not support transfer of venue where case involves two legal issues that will not require witness testimony — Motion to transfer venue is denied

22 Fla. L. Weekly Supp. 1166a

Online Reference: FLWSUPP 2210MORAInsurance — Personal injury protection — Coverage — Medical expenses — Physician’s assistant

22 Fla. L. Weekly Supp. 611a

Online Reference: FLWSUPP 2205BOYKInsurance — Personal injury protection — Coverage — Notice of loss — Where medical provider was originally informed that pedestrian struck by motor vehicle had no insurance, and provider filed claim within 35 days of learning of existence and identity of insurer of driver who struck pedestrian, provider’s submission of bills complied with PIP statute

22 Fla. L. Weekly Supp. 646b

Online Reference: FLWSUPP 2205BRYAInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Summary disposition — Opposing affidavits filed by insurer do not preclude summary disposition in favor of medical provider on issue of reasonableness of MRI charge where affidavits are self-serving, conclusory and lack foundation and affiants are not qualified to render opinion on reasonableness of MRI charges — Fact that Medicare, workers’ compensation, and health insurance pay less than amount billed by provider does not, by itself, create factual issue as to reasonableness of charge