Volume 22

22 Fla. L. Weekly Supp. 1104a

Online Reference: FLWSUPP 2209BROOInsurance — Personal injury protection — Venue — For purposes of application of venue statute, reciprocal insurer resides in county where its attorney in fact has office — No merit to argument that reciprocal insurer may be sued in every county where a subscribing member insurer resides

22 Fla. L. Weekly Supp. 1103b

Online Reference: FLWSUPP 2209CAMPInsurance — Personal injury protection — Venue — For purposes of application of venue statute, reciprocal insurer resides in county where its attorney in fact has office — No merit to argument that reciprocal insurer may be sued in every county where a subscribing member insurer resides

22 Fla. L. Weekly Supp. 853a

Online Reference: FLWSUPP 2207LOPEInsurance — Personal injury protection — Coverage — Medical expenses — Timeliness of claim — Insurer may not challenge timeliness of claim for which it has already paid PIP benefits

22 Fla. L. Weekly Supp. 187b

Online Reference: FLWSUPP 2202DBROInsurance — Coverage — Trial court violated insurer’s due process rights by granting medical provider’s motion for summary judgment, without conducting hearing, one day after provider filed supplemental motion for summary judgment containing newly filed affidavits

22 Fla. L. Weekly Supp. 52c

Online Reference: FLWSUPP 2201SUARInsurance — Coverage — Summary judgment — Where affidavit filed in opposition to summary judgment and peer review and medical records referenced therein were all clearly listed exhibits to insurer’s summary judgment response, trial court’s rejection of affidavit for failing to attach documents affiant relied upon was overly technical — Summary judgment was improperly granted where documents collectively establish genuine disputed issue of material fact

22 Fla. L. Weekly Supp. 34a

Online Reference: FLWSUPP 2201RICKInsurance — Personal injury protection — Demand letter — Summary judgment — No abuse of discretion in denying motion to continue summary judgment hearing due to unavailability of medical provider’s counsel and need for discovery where counsel was only unavailable for 46 days in 6-month period between filing of motion for summary judgment and hearing on motion, and there had been ample time for discovery — No abuse of discretion in denying motion to abate action to allow opportunity to submit another demand letter in lieu of letters alleged to be insufficient where sufficient demand letter is condition precedent that cannot be remedied post-suit — Trial court did not err in finding that demand letters that sought payment for amounts previously paid by insurer and amounts not yet overdue did not strictly comply with PIP statute

22 Fla. L. Weekly Supp. 743a

Online Reference: FLWSUPP 2206WILCInsurance — Personal injury protection — Deductible — Proper formula for payment of PIP claim requires that deductible be subtracted from total billing amount before statutory fee schedule reductions are applied

22 Fla. L. Weekly Supp. 953b

Online Reference: FLWSUPP 2208BEEHInsurance — Personal injury protection — Coverage — Medical expenses — Where PIP policy provides that insurer will pay lowest of its definition of “reasonable medical expenses,” insurer is entitled to reimburse medical provider’s charges under permissive statutory fee schedule

22 Fla. L. Weekly Supp. 675a

Online Reference: FLWSUPP 2205INFIInsurance — Personal injury protection — Coverage — Medical expenses — Policy which provided that insurer would pay 80% of medical expenses and, on separate page, that it would pay 200% of Medicare Part B schedule was ambiguous and must be interpreted in favor of insured — Trial court properly entered final summary judgment in favor of provider, but it is unclear whether amount awarded was properly calculated — Remand for recalculation of damages reflecting endorsement provision providing greater coverage

22 Fla. L. Weekly Supp. 750a

Online Reference: FLWSUPP 2206LINDInsurance — Personal injury protection — Coverage — Medical expenses — PIP policy providing that insurer will pay 80% of reasonable expenses but also providing that amount payable “shall be subject to any and all limitation” authorized by PIP statute does not provide clear and unambiguous notice of intent to limit reimbursement to Medicare Part B fee schedule