Volume 22

22 Fla. L. Weekly Supp. 962a

Online Reference: FLWSUPP 2208KOPYInsurance — Personal injury protection — Coverage — Medical expenses — PIP policy providing that insurer will pay 80% of reasonable charges but also providing that amount payable “shall be subject to any and all limitations” authorized by PIP statute does not provide clear and unambiguous notice of intent to limit reimbursement to Medicare Part B fee schedule

22 Fla. L. Weekly Supp. 1146a

Online Reference: FLWSUPP 2210JIMEInsurance — Personal injury protection — Coverage — Medical expenses — Language in policy at issue clearly and unambiguously notified insured of insurer’s intent to use statutory fee schedule methodology to determine reasonable reimbursement rates for medical care expenses

22 Fla. L. Weekly Supp. 736b

Online Reference: FLWSUPP 2206ZELAInsurance — Personal injury protection — Standing — Assignment — Document that assigns both benefits and rights is sufficient to confer standing on medical provider

22 Fla. L. Weekly Supp. 619a

Online Reference: FLWSUPP 2205LANGInsurance — Personal injury protection — Doctrine of de minimis non curat lex cannot deprive PIP claimant of access to courts — Insurer’s motion for summary judgment based on this doctrine in case in which amount in controversy is $5.58 is denied

22 Fla. L. Weekly Supp. 945b

Online Reference: FLWSUPP 2208FRAGInsurance — Personal injury protection — Coverage — Medical expenses — Related treatment — No merit to argument that relatedness of treatment is determined by benefit or necessity of treatment — Treatment for injuries arising from accident is related treatment irrespective of whether treatment continued past point at which it was no longer beneficial

22 Fla. L. Weekly Supp. 481a

Online Reference: FLWSUPP 2204MANSInsurance — 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 charges where PIP policy does not elect permissive statutory fee schedule, and affidavits establish that insurer based payments solely on statutory fee schedule

22 Fla. L. Weekly Supp. 858a

Online Reference: FLWSUPP 2207SANAInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Summary judgment — Opposing affidavits filed by insurer do not preclude summary judgment in favor of medical provider on issue of reasonableness of charges where one affiant was not disclosed as required by court order, and insurer stipulated that second affiant would only testify as to relatedness and necessity of charges — Even if court considered affidavit of second affiant, court would find it wholly unreliable where affiant signed original affidavit that makes no sense in context of case before filing amended affidavit that is substantively different from original — Moreover, opinions in affidavit lack foundation

22 Fla. L. Weekly Supp. 964a

Online Reference: FLWSUPP 2208ZHUKInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Summary judgment — Opposing affidavit filed by insurer is stricken where insurer failed to respond to permissible discovery requests regarding expert witness who is affiant, and failure has prejudiced medical provider’s ability to prepare for trial — Even if not stricken, opposing affidavit does not preclude summary judgment in favor of provider on issue of reasonableness of MRI charge — Opinion that nothing greater than 200% of Medicare fee schedule would ever be reasonable, despite fact that fee schedule was not elected in policy, was not based on sufficient facts or data and was not product of reliable principles and methods

22 Fla. L. Weekly Supp. 477a

Online Reference: FLWSUPP 2204DIEUInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Summary judgment — Opposing affidavit filed by insurer does not preclude summary disposition in favor of medical provider on issue of reasonableness of MRI charges where affidavit is inadmissible lay opinion testimony, and opinions are not rationally based on affiant’s own perceptions — Where PIP policy does not elect permissive statutory fee schedule, insurer may not rely exclusively on statutory fee schedule to calculate reimbursement of reasonable charge

22 Fla. L. Weekly Supp. 396a

Online Reference: FLWSUPP 2203FORNInsurance — 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 charge where affidavit does not explain why data from other counties used as basis for affiant’s opinion on pricing would apply equally to county where provider practices, and affiant based opinion on data from PIP insurers who incorrectly limited reimbursement to 200% of Medicare fee schedule