Volume 22

22 Fla. L. Weekly Supp. 377a

Online Reference: FLWSUPP 2203HENRInsurance — Property — Deductible — For purpose of determining extent of insurer’s obligation to pay plaintiff for loss to covered property, deductible is not to be applied to uncovered loss — Insurer cannot choose to apply deductible to loss that it claims is not covered loss unless it concedes coverage for loss — No merit to argument that, even if plaintiff prevails on coverage issue, it will be unable to recover judgment for damages because insurer will then apply deducible, as plaintiff will be entitled to attorney’s fees for prevailing on coverage issue

22 Fla. L. Weekly Supp. 948a

Online Reference: FLWSUPP 2208GONZInsurance — Personal injury protection — Coverage — Medical expenses — Deductible — Where PIP policy clearly elects to pay pursuant to permissive statutory fee schedule, insurer properly applied fee schedule to bills before applying deductible

22 Fla. L. Weekly Supp. 378b

Online Reference: FLWSUPP 2203EXANInsurance — Personal injury protection — Deductible — PIP insurer properly reduced medical bills by applying Medicare fee schedule before applying deductible

22 Fla. L. Weekly Supp. 934a

Online Reference: FLWSUPP 2208BAYFInsurance — Personal injury protection — Coverage — Medical expenses — Deductible — No merit to argument that insurer was required to apply deductible to 100% of medical provider’s billed expenses — Deductible is required to be applied to 100% of provider’s reasonable expenses — Insurer that did not unambiguously elect permissive statutory fee schedule in PIP policy is not entitled to limit reimbursement to fee schedule — Insurer is nonetheless entitled to prove that it paid only reasonable, necessary and related expenses

22 Fla. L. Weekly Supp. 1097a

Online Reference: FLWSUPP 2209DONNInsurance — Personal injury protection — Deductible — Proper formula for payment of PIP claim requires that statutory reductions be applied to billing amount before deductible is subtracted from resulting amount

22 Fla. L. Weekly Supp. 378a

Online Reference: FLWSUPP 2203MARTInsurance — Personal injury protection — Deductible — Proper formula for payment of PIP claim requires that deductible be subtracted from total billing amount before statutory reductions are applied

22 Fla. L. Weekly Supp. 1070a

Online Reference: FLWSUPP 2209PEEKInsurance — 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

22 Fla. L. Weekly Supp. 609a

Online Reference: FLWSUPP 2205SUDDInsurance — 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

22 Fla. L. Weekly Supp. 535a

Online Reference: FLWSUPP 2205COCHInsurance — Personal injury protection — Coverage — Emergency services — Deductible — Because insurer is mandated by statute to reserve $5,000 for emergency service providers, trial court erred in finding that insurer was correct in applying emergency service provider’s claim to deductible

22 Fla. L. Weekly Supp. 479a

Online Reference: FLWSUPP 2204KBUNInsurance — 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