Volume 22

22 Fla. L. Weekly Supp. 446a

Online Reference: FLWSUPP 2204GODOInsurance — Personal injury protection — Coverage — Medical expenses — Emergency medical condition — Where qualified medical provider did not diagnose claimant with an emergency medical condition, the available benefits under policy and statute were properly limited to $2500

22 Fla. L. Weekly Supp. 393a

Online Reference: FLWSUPP 2203PLUMInsurance — Personal injury protection — Coverage — Emergency medical condition — Declaratory action — Question of whether, under amendments to PIP statute requiring PIP insurer to pay benefits up to $10,000 if qualified medical provider has determined that claimant had emergency medical condition and limiting reimbursement to $2,500 if qualified provider has determined that claimant did not have emergency medical condition, reimbursement limit of $10,000 or $2,500 is applicable when record is silent as to existence of emergency medical condition is proper matter for declaratory relief — Motion to dismiss is denied

22 Fla. L. Weekly Supp. 389c

Online Reference: FLWSUPP 2203ALLEInsurance — Personal injury protection — Coverage — Emergency medical condition — Under amendments to PIP statute requiring PIP insurer to pay benefits up to $10,000 if qualified medical provider has determined that claimant had emergency medical condition and limiting reimbursement to $2,500 if qualified provider has determined that claimant did not have emergency medical condition, insurer properly limited benefits to $2,500 where qualified provider has not determined that insured suffered emergency medical condition — No merit to argument that insurer was required to pay benefits up to $10,000 unless there was determination of absence of emergency medical condition

22 Fla. L. Weekly Supp. 279a

Online Reference: FLWSUPP 2202CSANInsurance — Personal injury protection — Coverage — Emergency medical condition — Under amendments to PIP statute requiring PIP insurer to pay benefits up to $10,000 if qualified medical provider has determined that claimant had emergency medical condition and limiting reimbursement to $2,500 if qualified provider has determined that claimant did not have emergency medical condition, insurer properly limited benefits to $2,500 until there was determination that insured had suffered emergency medical condition — No merit to argument that insurer was required to pay benefits up to $10,000 unless there was determination of absence of emergency medical condition — Claim for benefits in excess of $2,500 was not overdue or ripe for litigation prior to determination that insured suffered emergency medical condition — Because suit filed before insurer provided determination of emergency medical condition was premature, insurer’s post-suit payment of benefits upon receipt of that determination was not confession of judgment entitling medical provider to award of attorney’s fees and costs — Question certified

22 Fla. L. Weekly Supp. 445a

Online Reference: FLWSUPP 2204EASTInsurance — Personal injury protection — Coverage — Emergency medical condition — Under amendments to PIP statute requiring PIP insurer to pay benefits up to $10,000 if qualified medical provider has determined that claimant had emergency medical condition and limiting reimbursement to $2,500 if qualified provider has determined that claimant did not have emergency medical condition, insurer properly limited benefits to $2,500 where qualified provider has not determined that insured suffered emergency medical condition — No merit to argument that insurer was required to pay benefits up to $10,000 unless there was determination of absence of emergency medical condition — Where insurer’s explanation of reimbursement requested additional information regarding existence of emergency medical condition to warrant payment of any additional benefits, request for information tolled time for payment of claim, and claim was not overdue when demand letter was sent — Question certified

22 Fla. L. Weekly Supp. 960b

Online Reference: FLWSUPP 2208CANGInsurance — Personal injury protection — Coverage — Emergency medical condition — Declaratory action — Insurer’s payment of additional benefits in response to receipt of determination of emergency medical condition from non-party after filing of declaratory action seeking declaration that PIP coverage extends to $10,000 when there is no determination of absence of emergency medical condition did not constitute confession of judgment entitling provider to attorney’s fees award where insurer did not wrongfully withhold benefits or pay benefits as result of suit — Claim is dismissed as moot

22 Fla. L. Weekly Supp. 957a

Online Reference: FLWSUPP 2208KOOSInsurance — Personal injury protection — Coverage — Emergency medical condition — Under amendments to PIP statute requiring PIP insurer to pay benefits up to $10,000 if qualified medical provider has determined that claimant had emergency medical condition and limiting reimbursement to $2,500 if qualified provider has determined that claimant did not have emergency medical condition, insurer properly limited benefits to $2,500 until qualified provider determined that insured suffered emergency medical condition — No merit to argument that insurer was required to pay benefits up to $10,000 unless there was determination of absence of emergency medical condition — Insurer’s payment of additional benefits after post-suit receipt of determination of emergency medical condition did not constitute confession of judgment entitling provider to attorney’s fees award

22 Fla. L. Weekly Supp. 163a

Online Reference: FLWSUPP 2201GRANInsurance — Personal injury protection — Coverage — Emergency medical condition — Physician hired by insurer to perform compulsory medical examination of insured cannot be used to opine that insured did not have emergency medical condition qualifying insured for higher coverage limits where physician is not treating medical provider

22 Fla. L. Weekly Supp. 131a

Online Reference: FLWSUPP 2201FONTInsurance — Personal injury protection — Where insurer partially paid medical provider’s bill and requested additional information concerning emergency medical condition, insurer’s obligation to pay claim did not arise until after provider complied with request for additional information — Claim paid within thirty days of receipt of requested information, albeit after suit was filed, was timely paid

22 Fla. L. Weekly Supp. 450a

Online Reference: FLWSUPP 2204TMILInsurance — Personal injury protection — Coverage — Emergency medical condition — Under amendments to PIP statute requiring PIP insurer to pay benefits up to $10,000 if qualified medical provider has determined that claimant had emergency medical condition and limiting reimbursement to $2,500 if qualified provider has determined that claimant did not have emergency medical condition, insurer properly limited benefits to $2,500 where qualified provider has not determined that insured suffered emergency medical condition — Where insurer timely paid charges after post-suit receipt of emergency medical condition determination, payment did not constitute confession of judgment