Volume 22

22 Fla. L. Weekly Supp. 152a

Online Reference: FLWSUPP 2201TMILInsurance — Personal injury protection — Coverage — Emergency medical condition — Amendments to PIP statute requiring 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 are harmonized to limit benefits to $2,500 unless provider has determined that claimant had emergency medical condition, not to require payment of up to $10,000 in benefits unless provider notified insurer that claimant had not suffered such condition

22 Fla. L. Weekly Supp. 910a

Online Reference: FLWSUPP 2208LAMAInsurance — Personal injury protection — Small claims — Trial court erred in considering amount of claim stated in demand letter in ruling on motion to dismiss — Doctrine of de minimis non curat lex does not preclude small claims action seeking less than $100 in PIP benefits — Error to base dismissal in part on affirmative defense that medical provider did not bring action in good faith because it did not attempt to mitigate damages by reaching out to insurer before initiating litigation — PIP statute only requires that a claimant submit presuit demand letter, which provider did

22 Fla. L. Weekly Supp. 908a

Online Reference: FLWSUPP 2208PIERInsurance — Personal injury protection — Small claims — Trial court erred in considering amount of claim stated in demand letter in ruling on motion to dismiss — Doctrine of de minimis non curat lex does not preclude small claims action seeking less than $100 in PIP benefits — Error to base dismissal in part on affirmative defense that medical provider did not bring action in good faith because it did not attempt to mitigate damages by reaching out to insurer before initiating litigation — PIP statute only requires that a claimant submit presuit demand letter, which provider did

22 Fla. L. Weekly Supp. 688a

Online Reference: FLWSUPP 2206MER3Insurance — Personal injury protection — Coverage — Medical expenses — Emergency services — Deductible — Insurer acted improperly when it applied emergency provider’s bill to deductible — Deductible must first be applied to benefits paid to non-priority providers when both priority and non-priority providers seek payment of PIP benefits

22 Fla. L. Weekly Supp. 341a

Online Reference: FLWSUPP 2203ARODNOT FINAL VERSION OF OPINION
Subsequent Changes at 22 Fla. L. Weekly Supp. 686aInsurance — Personal injury protection — Coverage — Emergency services — Deductible — No error in finding that, where both emergency service providers and other medical providers seek PIP benefits, deductible must be applied to benefits paid to other providers rather than those paid to emergency service providers

22 Fla. L. Weekly Supp. 640a

Online Reference: FLWSUPP 2205SANTInsurance — 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. 827b

Online Reference: FLWSUPP 2207PONCInsurance — Personal injury protection — Coverage — Emergency services — Deductible — Because insurer is mandated by statute to reserve $5,000 for emergency services providers, insurer should not have applied claim by plaintiff provider within that classification to deductible

22 Fla. L. Weekly Supp. 728c

Online Reference: FLWSUPP 2206WILLInsurance — Personal injury protection — Coverage — Emergency services — Deductible — Because insurer is mandated by statute to reserve $5,000 for emergency service providers, insurer should not have applied claim by plaintiff provider within that classification to deductible — Insurer cannot dispute reasonableness of charge after it allowed full amount of charge when applying charge to deductible

22 Fla. L. Weekly Supp. 727a

Online Reference: FLWSUPP 2206HOUSInsurance — Personal injury protection — Coverage — Emergency services — Deductible — Providers of emergency services and care who submit their bills in accordance with section 627.736(4)(c) are entitled to have their bills paid regardless of the existence of a deductible

22 Fla. L. Weekly Supp. 719a

Online Reference: FLWSUPP 2206ADAMInsurance — Personal injury protection — Coverage — Emergency services — Deductible — Because insurer is mandated by statute to reserve $5,000 for emergency service providers, insurer should not have applied claim by plaintiff provider within that classification to deductible