Volume 23

23 Fla. L. Weekly Supp. 174b

Online Reference: FLWSUPP 2302TROCInsurance — Personal injury protection — Coverage — Medical expenses — Lawfully rendered treatment — It is outside purview of court to make determination that provider did not comply with Health Care Clinic Act, including medical or clinical director compliance, absent a finding from the Agency for Health Care Administration that the provider had been in violation of the statute at the time the services at issue were rendered — Affirmative defense of noncompliance remains issue for trier of fact — Defendant’s motion for summary judgment denied

23 Fla. L. Weekly Supp. 563b

Online Reference: FLWSUPP 2306CALOInsurance — Personal injury protection — Coverage — Medical expenses — Lawfully rendered services — Where medical director of clinic was ignorant of what was required of him under Health Care Clinic Act and was noncompliant with those responsibilities, charges by clinic are unlawful and not compensable

23 Fla. L. Weekly Supp. 176b

Online Reference: FLWSUPP 2302MONSInsurance — Personal injury protection — Coverage — Lawfully rendered services — Where, during time that services were rendered to insured, medical provider falsely identified licensed massage therapist as its owner in order to circumvent licensure requirements of Health Care Clinic Act, services were not lawfully rendered and neither insurer nor insured is liable for charges — Further, neither insurer nor insured is required to pay claim to provider that knowingly submitted false and misleading claims

23 Fla. L. Weekly Supp. 762a

Online Reference: FLWSUPP 2307PEREInsurance — Personal injury protection — Coverage — Lawfully rendered services — Evidence — Judicial notice — Insurer’s request for compulsory judicial notice of final order of state board of medicine barring treating physician from practice of medicine is granted where medical provider has been given sufficient notice of request to enable it to meet request

23 Fla. L. Weekly Supp. 1061a

Online Reference: FLWSUPP 2310MEDIInsurance — Personal injury protection — Coverage — Medical expenses — Lawfully rendered services — Insurer had no obligation to pay clinic whose medical director was not performing her statutorily mandated duties — Court rejects plaintiff’s position that only the Agency for Health Care Administration can find clinic in violation of statute

23 Fla. L. Weekly Supp. 571b

Online Reference: FLWSUPP 2306PINEInsurance — Summary judgment — Factual issues — Insurer’s motion for summary judgment as to late billing is denied — Opposing affidavit based on personal knowledge and establishment of routine practice of medical provider created genuine issue of material fact regarding submission of bills

23 Fla. L. Weekly Supp. 571a

Online Reference: FLWSUPP 2306CUARInsurance — Summary judgment — Factual issues — Insurer’s motion for summary judgment as to late billing is denied — Opposing affidavit based on personal knowledge and establishment of routine practice of medical provider created genuine issue of material fact regarding submission of bills

23 Fla. L. Weekly Supp. 910a

Online Reference: FLWSUPP 2309TOWLInsurance — Personal injury protection — Answer — Amendment — Abuse of discretion to deny insurer leave to amend answer and affirmative defenses where allowing amendment would not prejudice medical provider since no trial date had been set, insurer had only been afforded opportunity to amend once, and amendments were not futile — Jurisdiction — County court did not err in denying motion to dismiss for lack of subject matter jurisdiction where amount in controversy in PIP case is less than $900 — Summary judgment — Opposing affidavit — Error to strike opposing affidavit of insurer’s witness due to delay in disclosure of expert — Supreme court precedent governing striking of witnesses testifying at trial not basis for striking affidavit in opposition to summary judgment — Insurer that complied with requirements of rule 1.510 in serving opposing affidavit on provider should have been allowed to present affidavit, and summary judgment should not have been entered

23 Fla. L. Weekly Supp. 523c

Online Reference: FLWSUPP 2306CRUZInsurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Post-suit exhaustion of benefits extinguished medical provider’s right to further payments

23 Fla. L. Weekly Supp. 872a

Online Reference: FLWSUPP 2308FRANInsurance — Personal injury protection — Coverage — Exhaustion of policy limits — Where insurer sent global settlement check to medical provider’s attorneys that intermixed benefits with attorney’s fees, costs and interest without any explanation of how check would be apportioned, there is no evidence that benefits have been exhausted