Volume 23

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FLORIDA HOSPITAL MEDICAL CENTER, as assignee of Michelle Torres, Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant.

23 Fla. L. Weekly Supp. 952a

Online Reference: FLWSUPP 2309TORRInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Where insurer waived all defenses to medical provider’s action for PIP benefits, including right to challenge reasonableness of charge, and unilaterally determined reasonableness of charge by applying statutory fee schedule not elected in policy when processing provider’s bill, reasonableness of charge is not at issue — Final judgment is entered in favor of provider for balance of improperly reduced bill

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FLORIDA HOSPITAL MEDICAL CENTER as assignee of Jennifer Piccard, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

23 Fla. L. Weekly Supp. 950a

Online Reference: FLWSUPP 2309JPICInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Where insurer waived all defenses to medical provider’s action for PIP benefits, including right to challenge reasonableness of charge, and unilaterally determined reasonableness of charge by applying statutory fee schedule not elected in policy when processing provider’s bill, reasonableness of charge is not at issue — Final judgment is entered in favor of provider for balance of improperly reduced bill

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FLORIDA HOSPITAL MEDICAL CENTER as assignee of Cynthia Owens, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

23 Fla. L. Weekly Supp. 948a

Online Reference: FLWSUPP 2309COWEInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Where insurer waived all defenses to medical provider’s action for PIP benefits, including right to challenge reasonableness of charge, and unilaterally determined reasonableness of charge by applying statutory fee schedule not elected in policy when processing provider’s bill, reasonableness of charge is not at issue — Final judgment is entered in favor of provider for balance of improperly reduced bill

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FLORIDA HOSPITAL MEDICAL CENTER, as assignee of Madge Forsythe, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

23 Fla. L. Weekly Supp. 945b

Online Reference: FLWSUPP 2309MFORInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Where insurer waived all defenses to medical provider’s action for PIP benefits, including right to challenge reasonableness of charge, and unilaterally determined reasonableness of charge by applying statutory fee schedule not elected in policy when processing provider’s bill, reasonableness of charge is not at issue — Final judgment is entered in favor of provider for balance of improperly reduced bill

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PAN AM DIAGNOSTIC SERVICES, INC. d/b/a Wide Open MRI (a/a/o Jermaine Lewis), Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

23 Fla. L. Weekly Supp. 851b

Online Reference: FLWSUPP 2308LEWIInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Insurer that breached contract by utilizing statutory fee schedule which was not incorporated in policy when processing medical provider’s bill is not entitled to challenge reasonableness of MRI charge — Even if insurer could challenge reasonableness of charge, opposing affidavit filed by insurer does not preclude summary judgment in favor of provider on reasonableness issue where affidavit fails to establish that affiant has any first-hand knowledge of MRI charges in county where services were rendered — Insurer that paid claim without disputing relatedness or necessity of MRI may not thereafter challenge relatedness and necessity

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FLORIDA HOSPITAL MEDICAL CENTER as assignee of Angela Mitra-Perez, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

23 Fla. L. Weekly Supp. 849b

Online Reference: FLWSUPP 2308AMITRInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Where insurer waived all defenses to medical provider’s action for PIP benefits, including right to challenge reasonableness of charge, and unilaterally determined reasonableness of charge by applying statutory fee schedule not elected in policy when processing provider’s bill, reasonableness of charge is not at issue — Final judgment is entered in favor of provider for balance of improperly reduced bill

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FLORIDA HOSPITAL MEDICAL CENTER, as assignee of Sharon Holness, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

23 Fla. L. Weekly Supp. 847b

Online Reference: FLWSUPP 2308SHOLInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Where insurer waived all defenses to medical provider’s action for PIP benefits, including right to challenge reasonableness of charge, and unilaterally determined reasonableness of charge by applying statutory fee schedule not elected in policy when processing provider’s bill, reasonableness of charge is not at issue — Final judgment is entered in favor of provider for balance of improperly reduced bill

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FLORIDA HOSPITAL MEDICAL CENTER as assignee of Anthony Mehlich, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

23 Fla. L. Weekly Supp. 845a

Online Reference: FLWSUPP 2308AMEHInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Where insurer waived all defenses to medical provider’s action for PIP benefits, including right to challenge reasonableness of charge, and unilaterally determined reasonableness of charge by applying statutory fee schedule not elected in policy when processing provider’s bill, reasonableness of charge is not at issue — Final judgment is entered in favor of provider for balance of improperly reduced bill

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FLORIDA HOSPITAL MEDICAL CENTER, as assignee of Alysha Aponte, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

23 Fla. L. Weekly Supp. 843a

Online Reference: FLWSUPP 2308AAPOInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Where insurer waived all defenses to medical provider’s action for PIP benefits, including right to challenge reasonableness of charge, and unilaterally determined reasonableness of charge by applying statutory fee schedule not elected in policy when processing provider’s bill, reasonableness of charge is not at issue — Final judgment is entered in favor of provider for balance of improperly reduced bill

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FLORIDA HOSPITAL MEDICAL CENTER, as assignee of Matthew Beakley, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

23 Fla. L. Weekly Supp. 839a

Online Reference: FLWSUPP 2308MBEAInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Where insurer waived all defenses to medical provider’s action for PIP benefits, including right to challenge reasonableness of charge, and unilaterally determined reasonableness of charge by applying statutory fee schedule not elected in policy when processing provider’s bill, reasonableness of charge is not at issue — Final judgment is entered in favor of provider for balance of improperly reduced bill

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