Volume 23

23 Fla. L. Weekly Supp. 370a

Online Reference: FLWSUPP 2304PEREInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Summary disposition — Opposing affidavit filed by insurer does not preclude summary disposition in favor of medical provider on issue of reasonableness of charge for chiropractic services where affidavit is conclusory and lacks foundation, and affiant is not qualified to render opinion on reasonableness of charge

23 Fla. L. Weekly Supp. 368b

Online Reference: FLWSUPP 2304FERNInsurance — 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 MRI charge where affidavit is conclusory and lacks foundation, and affiant is not qualified to render opinion on reasonableness of charge — Fact that other MRI centers charged less and that Medicare and health insurance pay less than amount billed by provider does not, by itself, create factual issue as to reasonableness of charge

23 Fla. L. Weekly Supp. 869a

Online Reference: FLWSUPP 2308GOODInsurance — 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 charge — Affidavit of claims representative that attempts to introduce documents retrieved from Internet purporting to show charges of other chiropractors in region seeks to introduce hearsay and does not raise issue of fact as to reasonableness of charge — Affidavit of expert that excludes consideration of any amounts above 200% of Medicare fee schedule is not based on sufficient facts or data and is not product of reliable principles and methodologies

23 Fla. L. Weekly Supp. 169a

Online Reference: FLWSUPP 2302JOHNInsurance — 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 omitted and ignored damaging information to render “expert” opinion, and second affiant premised her opinion on incorrect assumptions and insufficient data — Where it is undisputed that insurer applied permissive statutory fee schedule that was not unambiguously elected in policy, PIP reductions made by insurer are unlawful — Insurer also erred in denying reimbursement for compensable supply that was properly billed as separate code

23 Fla. L. Weekly Supp. 768a

Online Reference: FLWSUPP 2307RAMOInsurance — 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 MRI charges where affiant’s opinion is not based on sufficient facts or data, is not product of reliable principles and methods and is based on hearsay rather than first-hand knowledge and affiant did not apply principles and methods reliably to facts of case

23 Fla. L. Weekly Supp. 766a

Online Reference: FLWSUPP 2307ABALInsurance — 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 MRI charge where affiant is not qualified to render opinion on reasonableness of charge and opinions are not based upon sufficient facts or data and are not product of reliable principles and methods — Deposition filed by insurer also does not preclude entry of summary judgment where deposition substantiates reasonableness of charge

23 Fla. L. Weekly Supp. 199a

Online Reference: FLWSUPP 2302BELTInsurance — Personal injury protection — Coverage — Medical expenses — Summary judgment — Opposing affidavit filed by insurer does not preclude summary judgment in favor of medical provider on issue of reasonableness of MRI charge where affiant is not qualified to render opinion on reasonableness of charge or reasonableness of reimbursement — Provider is entitled to summary judgment on issue of relatedness of services where referring physician’s affidavit regarding relatedness is not refuted by any competent evidence

23 Fla. L. Weekly Supp. 88a

Online Reference: FLWSUPP 2302ALONInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Summary judgment — Trial court did not err in finding that opposing affidavits filed by insurer did not preclude summary judgment in favor of medical provider on issue of reasonableness of provider’s charge where one affiant was not qualified to render opinion on reasonableness of charges and other affiant concluded that he needed more information in order to conclude that treatment was reasonable, related and medically necessary

23 Fla. L. Weekly Supp. 653b

Online Reference: FLWSUPP 2306PADIInsurance — Personal injury protection — Summary judgment — Reasonableness of charges — Medical provider met burden of establishing reasonableness of charges — Opposing affidavit of insurer’s expert is materially deficient where affidavit lacks information about reasonableness of charges and focuses on what reasonable reimbursement levels should be without explaining how that impacts reasonableness of charges — Expert’s opinion that nothing above 200% of Medicare rate would ever be reasonable is rejected where opinion renders ruling in Virtual Imaging meaningless — Provider’s motion for final summary judgment is granted

23 Fla. L. Weekly Supp. 626a

Online Reference: FLWSUPP 2306ELBAInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Summary judgment — Opposing affidavit filed by insurer does not preclude partial summary judgment in favor of medical provider on issue of reasonableness of charge where affidavit provided anecdotal evidence based on what affiant charged for services at his facilities and what his peers told him they charge and did not not satisfy requirements of section 90.702 or Daubert standard