Volume 23

23 Fla. L. Weekly Supp. 1050a

Online Reference: FLWSUPP 2310FINKInsurance — Personal injury protection — Coverage — Medical expenses — Where insurer placed insured’s claim in “auto process” mode, in which system automatically pays bills in accordance with statutory fee schedule without any individual reviewing bills for reasonableness, relatedness or necessity, insurer waived its right to investigate medical provider’s MRI bill and cannot challenge bill as unreasonable, unrelated or unnecessary in suit for unpaid balance of bill

23 Fla. L. Weekly Supp. 286a

Online Reference: FLWSUPP 2303FOXInsurance — Personal injury protection — Venue in medical provider’s action against PIP insurer that is domestic corporation is proper either in county where insurer has office for transaction of its customary business or in county where payment was to be made to provider and cause of action accrued — Fact that insurer conducts business in a county through agents is not sufficient basis for venue where insurer is domestic, not foreign, corporation — Motion to transfer venue is granted

23 Fla. L. Weekly Supp. 970a

Online Reference: FLWSUPP 2309GUILInsurance — Personal injury protection — Complaint — Amendment — Substitution of plaintiff — Motion to amend complaint to substitute medical provider that is entirely separate and distinct legal entity from plaintiff medical provider is denied — Further, amendment would be futile since relation back doctrine of rule 1.190(c) does not apply and statute of limitations has elapsed

23 Fla. L. Weekly Supp. 575a

Online Reference: FLWSUPP 2306BILLInsurance — Complaint — Amendment — Substitution of plaintiff — Motion to amend complaint to substitute medical provider that is separate and distinct legal entity from plaintiff medical provider is denied

23 Fla. L. Weekly Supp. 112a

Online Reference: FLWSUPP 2302JLAMInsurance — Personal injury protection — Small claims — Trial court erred in considering amount of claim stated in demand letter in ruling on motion to dismiss — Doctrine of de minimis non curat lex does not preclude small claims action seeking less than $100 in PIP benefits — Error to base dismissal in part on affirmative defense that medical provider did not bring action in good faith because it did not attempt to mitigate damages by reaching out to insurer before initiating litigation — PIP statute only requires that claimant submit presuit demand letter, which provider did

23 Fla. L. Weekly Supp. 108a

Online Reference: FLWSUPP 2302PIERInsurance — Personal injury protection — Small claims — Trial court erred in considering amount of claim stated in demand letter in ruling on motion to dismiss — Doctrine of de minimis non curat lex does not preclude small claims action seeking less than $100 in PIP benefits — Error to base dismissal in part on affirmative defense that medical provider did not bring action in good faith because it did not attempt to mitigate damages by reaching out to insurer before initiating litigation — PIP statute only requires that claimant submit presuit demand letter, which provider did

23 Fla. L. Weekly Supp. 105b

Online Reference: FLWSUPP 2302DIAZInsurance — Personal injury protection — Small claims — Trial court erred in considering amount of claim stated in demand letter in ruling on motion to dismiss — Doctrine of de minimis non curat lex does not preclude small claims action seeking less than $100 in PIP benefits — Error to base dismissal in part on affirmative defense that medical provider did not bring action in good faith because it did not attempt to mitigate damages by reaching out to insurer before initiating litigation — PIP statute only requires that claimant submit presuit demand letter, which provider did

23 Fla. L. Weekly Supp. 610a

Online Reference: FLWSUPP 2306FILSInsurance — Personal injury protection — Coverage — Medical expenses — NCCI edits, which provide limits on number of treatments, are utilization limitations prohibited by PIP statute — PIP policy that allows insurer to choose among list of CMS reimbursement limitations and methodologies does not clearly and unambiguously elect NCCI reimbursement methodology — If NCCI edits were allowed to act as complete defense to payment, insurer would be able to circumvent obligations under PIP statute and under PIP policy that provides that insurer will reimburse 80% of maximum reimbursable allowance under workers’ compensation when services are excluded under Medicare Part B

23 Fla. L. Weekly Supp. 182a

Online Reference: FLWSUPP 2302VMARInsurance — 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 MRI charge where affidavit is conclusory and lacks foundation, and affiant is not qualified to render opinion on reasonableness of charge — Fact 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. 341b

Online Reference: FLWSUPP 2304KOLLInsurance — Personal injury protection — Dismissal — Where medical provider filed and then dismissed first lawsuit against PIP insurer, and thereafter provider filed second lawsuit against insurer for different dates of service, some of which occurred prior to dismissal of first suit, claims for services rendered on or before date of dismissal of first lawsuit are dismissed — Motion to dismiss is denied as to services rendered after dismissal of first lawsuit