Volume 23

23 Fla. L. Weekly Supp. 628b

Online Reference: FLWSUPP 2306MOORInsurance — Personal injury protection — Where there is no reasonable explanation for insurer’s failure to advise medical provider and court of exhaustion of policy limits until one year after exhaustion, insurer is ordered to pay reasonable attorney’s fees and costs incurred by provider due to its inaction

23 Fla. L. Weekly Supp. 479a

Online Reference: FLWSUPP 2305MARDInsurance — Personal injury protection — Where there was no reasonable or credible explanation for insurer’s failure to advise medical provider and court of exhaustion of benefits until 17 months after exhaustion, and insurer contumaciously ignored provider’s continuous requests for updated PIP log and ignored court order to provide log, insurer is ordered to pay attorney’s fees and costs incurred by provider due to insurer’s inaction

23 Fla. L. Weekly Supp. 891a

Online Reference: FLWSUPP 2309GARRInsurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Where medical provider submitted bill, without claim number, within 35 days of MRI, and insurer did not exercise due diligence to connect bill with insured’s claim, lack of diligence by insurer did not render bill untimely — Bill was rendered complete when provider submitted demand letter with correct claim number and became overdue when not paid within 30 days of receipt of letter — Where benefits were not exhausted until 10 months after bill became overdue, trial court correctly entered judgment in provider’s favor

23 Fla. L. Weekly Supp. 963a

Online Reference: FLWSUPP 2309PEREInsurance — Personal injury protection — Coverage — Exhaustion of policy limits — Summary judgment based on exhaustion of benefits is precluded by evidence that insurer paid bills for unlawful medical services and may have made payment in bad faith

23 Fla. L. Weekly Supp. 287a

Online Reference: FLWSUPP 2303MCWAInsurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Where insurer chose to pay bills that exhausted policy limits solely as “business decision” to avoid litigation and without making any determination that services billed were reasonable, related or medically necessary or attempting to settle claims, genuine issues of material fact as to whether payments were for valid claims and whether insurer acted in bad faith prevents entry of summary judgment in favor of insurer

23 Fla. L. Weekly Supp. 364c

Online Reference: FLWSUPP 2304GEORInsurance — Personal injury protection — Coverage — Exhaustion of policy limits — Final summary judgment

23 Fla. L. Weekly Supp. 176a

Online Reference: FLWSUPP 2302ROBIInsurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Where payment made by insurer to another medical provider was not gratuitous, PIP benefits were properly exhausted

23 Fla. L. Weekly Supp. 524b

Online Reference: FLWSUPP 2306BRIGInsurance — Personal injury protection — Coverage — Exhaustion of policy limits — There is no requirement for PIP insurer to set aside reserve fund for disputed claims and, in absence of showing of bad faith, PIP insurer is not liable for benefits once exhausted

23 Fla. L. Weekly Supp. 524a

Online Reference: FLWSUPP 2306CARCInsurance — Personal injury protection — Coverage — Exhaustion of policy limits — There is no requirement for PIP insurer to set aside reserve fund for disputed claims and, in absence of showing of bad faith, PIP insurer is not liable for benefits once exhausted

23 Fla. L. Weekly Supp. 533a

Online Reference: FLWSUPP 2306DWILInsurance — Personal injury protection — Exhaustion of benefits — Florida law does not require party to set aside reserve fund for disputed claims — In absence of bad faith, PIP insurer is not liable for benefits once exhausted