Volume 23

23 Fla. L. Weekly Supp. 638a

Online Reference: FLWSUPP 2306CHAMInsurance — Personal injury protection — Workers’ compensation lien — Summary judgment is entered in favor of PIP insurer on claim for reimbursement of bills that form basis for workers’ compensation lien paid by insured with funds received from personal injury settlement where neither insured nor medical providers timely submitted medical bills to insurer within 35 days of treatment, and insured did not serve pre-suit demand letter on insurer

23 Fla. L. Weekly Supp. 315c

Online Reference: FLWSUPP 2304SHUTInsurance — Personal injury protection — Exhaustion of benefits — Absent showing of bad faith, PIP insurer not liable for benefits once exhausted — There is no requirement to set aside reserve fund for disputed claims

23 Fla. L. Weekly Supp. 315b

Online Reference: FLWSUPP 2304BROWInsurance — Personal injury protection — Exhaustion of benefits — Absent showing of bad faith, PIP insurer not liable for benefits once exhausted — There is no requirement to set aside reserve fund for disputed claims

23 Fla. L. Weekly Supp. 881a

Online Reference: FLWSUPP 2308NEILInsurance — Personal injury protection — Examination under oath — Failure to attend — Insured that failed to attend three EUOs failed to satisfy condition precedent to receipt of PIP benefits — Medical provider/assignee is not entitled to benefits due to insured’s failure to satisfy condition precedent — Failure to schedule EUO and make payment within thirty days did not deprive insurer of right to contest payment — Questions certified: Whether Amador v. United Automobile Ins. Co., 748 So.2d 307 (Fla. 3rd DCA 1999) has been overruled by Statute or United Automobile Ins. Co. v. Rodriguez, 808 So.2d 82 (Fla. 2001); and whether Section 627.736(4)(b) requires a P.I.P. insurer to request an EUO within thirty days of written notice of a covered loss, when the policy of insurance incorporates the statutory condition precedent to receiving benefits as provided for in section 627.736(6)(g), or is it forever waived.

23 Fla. L. Weekly Supp. 65a

Online Reference: FLWSUPP 2301AROBInsurance — Personal injury protection — Evidence — Insurer shall not mention and may not ask any witness what insurer paid for bills not at issue or what reduced amount insurer paid for bills at issue

23 Fla. L. Weekly Supp. 295c

Online Reference: FLWSUPP 2303TYREInsurance — Personal injury protection — Discovery — Insurer’s representative — Provider entitled to conduct deposition of insurer’s designated corporate representative and conduct inquiry regarding methodology, basis, facts, and calculations to determine reasonableness and payment of charges at issue — Provider entitled to depose representative regarding reimbursement levels in same county where service was performed, as reflected by amounts insurer paid similarly placed providers for same CPT codes 10 days prior to and after date of service in instant case

23 Fla. L. Weekly Supp. 1060a

Online Reference: FLWSUPP 2310POSAInsurance — Personal injury protection — Discovery — Agreement wherein plaintiff collection agency purchased receivables from medical provider is not discoverable — Standing — Absent privity, insurer cannot challenge assignment between plaintiff and provider

23 Fla. L. Weekly Supp. 266a

Online Reference: FLWSUPP 2303ENRIInsurance — Personal injury protection — Demand letter — Sufficiency

23 Fla. L. Weekly Supp. 581a

Online Reference: FLWSUPP 2306RAHNInsurance — Personal injury protection — Complaint — Amendment — Medical provider is not required to send second demand letter in order to amend complaint to add three additional weeks of service that were not identified in original demand letter but were listed in patient history attached to that letter — Motion to amend is granted

23 Fla. L. Weekly Supp. 557b

Online Reference: FLWSUPP 2306RAYMInsurance — Personal injury protection — Demand letter — Medical provider is not required to send additional demand letter when seeking to amend complaint to add additional dates of service