Volume 24

24 Fla. L. Weekly Supp. 264a

Online Reference: FLWSUPP 2403CEDEInsurance — 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 charges — Affidavit of physician presented as fact witness rather than expert is not admissible and does not create triable issue as to reasonableness of charges — Affidavit would not preclude summary disposition if offered as expert opinion where affidavit is conclusory and lacks foundation, and affiant is not qualified to render opinion on reasonableness of charges — Insurer cannot challenge medical necessity and relatedness of services where insurer made partial payment for services and did not assert lack of relatedness and necessity as affirmative defense — Section 627.736(4)(b), which provides that insurer may assert that claim was unrelated or not medically necessary at any time, does not allow insurer to challenge relatedness and necessity where there is no record evidence of insurer having made any such assertion in case

24 Fla. L. Weekly Supp. 260a

Online Reference: FLWSUPP 2403YOUNInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Summary judgment — Opposing affidavit filed by insurer does not preclude summary judgment in favor of medical provider on issue of reasonableness of MRI charges — Affidavit of physician presented as fact witness rather than expert is not admissible and does not create triable issue as to reasonableness of charges — Affidavit would not preclude summary judgment if offered as expert opinion where affidavit is conclusory and lacks foundation, and affiant is not qualified to render opinion on reasonableness of charges — Insurer cannot challenge medical necessity and relatedness of services where insurer made partial payment for services and did not assert lack of relatedness and necessity as affirmative defense — Section 627.736(4)(b), which provides that insurer may assert that claim was unrelated or not medically necessary at any time, does not allow insurer to challenge relatedness and necessity where there is no record evidence of insurer having made any such assertion in case

24 Fla. L. Weekly Supp. 255b

Online Reference: FLWSUPP 2403POWEInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Summary judgment — Opposing affidavit filed by insurer does not preclude summary judgment in favor of medical provider on issue of reasonableness of MRI charges where affidavit of physician presented as fact witness rather than expert is not admissible and does not create triable issue as to reasonableness of charges — Affidavit would not preclude summary judgment if offered as expert opinion where affidavit is conclusory and lacks foundation, and affiant is not qualified to render opinion on reasonableness of charges — Insurer cannot challenge medical necessity and relatedness of services where insurer made partial payment for services and did not assert lack of relatedness and necessity as affirmative defense — Section 627.736(4)(b), which provides that insurer may assert that claim was unrelated or not medically necessary at any time, does not allow insurer to challenge relatedness and necessity where there is no record evidence of insurer having made any such assertion in case

24 Fla. L. Weekly Supp. 249a

Online Reference: FLWSUPP 2403MASSInsurance — 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 charges — Affidavit of physician presented as fact witness rather than expert is not admissible and does not create triable issue as to reasonableness of charges — Affidavit would not preclude summary disposition if offered as expert opinion where affidavit is conclusory and lacks foundation, and affiant is not qualified to render opinion on reasonableness of charges — Insurer cannot challenge medical necessity and relatedness of services where insurer made partial payment for services and did not assert lack of relatedness and necessity as affirmative defense — Section 627.736(4)(b), which provides that insurer may assert that claim was unrelated or not medically necessary at any time, does not allow insurer to challenge relatedness and necessity where there is no record evidence of insurer having made any such assertion in case

24 Fla. L. Weekly Supp. 245a

Online Reference: FLWSUPP 2403ALONInsurance — 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 charges — Affidavit of physician presented as fact witness rather than expert is not admissible and does not create triable issue as to reasonableness of charges — Affidavit would not preclude summary disposition if offered as expert opinion where affidavit is conclusory and lacks foundation, and affiant is not qualified to render opinion on reasonableness of charges — Insurer cannot challenge medical necessity and relatedness of services where insurer made partial payment for services and did not assert lack of relatedness and necessity as affirmative defense — Section 627.736(4)(b), which provides that insurer may assert that claim was unrelated or not medically necessary at any time, does not allow insurer to challenge relatedness and necessity where there is no record evidence of insurer having made any such assertion in case

24 Fla. L. Weekly Supp. 240b

Online Reference: FLWSUPP 2403KWILInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Summary judgment — Opposing affidavit filed by insurer does not preclude summary judgment in favor of medical provider on issue of reasonableness of MRI charges — Affidavit of physician presented as fact witness rather than expert is not admissible and does not create triable issue as to reasonableness of charges — Affidavit would not preclude summary judgment if offered as expert opinion where affidavit is conclusory and lacks foundation, and affiant is not qualified to render opinion on reasonableness of charges — Insurer cannot challenge medical necessity and relatedness of services where insurer made partial payment for services and did not assert lack of relatedness and necessity as affirmative defense — Section 627.736(4)(b), which provides that insurer may assert that claim was unrelated or not medically necessary at any time, does not allow insurer to challenge relatedness and necessity where there is no record evidence of insurer having made any such assertion in case

24 Fla. L. Weekly Supp. 187a

Online Reference: FLWSUPP 2402ORTIInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Where Medicare Part B fee schedule was not incorporated into PIP policy, and insurer withdrew its expert witness on reasonableness of MRI charge and presented no other evidence to oppose motion for summary judgment on issue, medical provider is entitled to summary judgment — Relatedness and medical necessity — Insurer that paid claim at reduced amount without disputing relatedness or necessity of service and failed to raise relatedness or necessity as affirmative defense cannot challenge relatedness or necessity in opposing motion for summary judgment

24 Fla. L. Weekly Supp. 185a

Online Reference: FLWSUPP 2402WILLInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Where Medicare Part B fee schedule was not incorporated into PIP policy, and insurer withdrew its expert witness on reasonableness of MRI charge and presented no other evidence to oppose motion for summary disposition on issue, medical provider is entitled to summary disposition — Relatedness and medical necessity — Insurer that paid claim at reduced amount without disputing relatedness or necessity of service and failed to raise relatedness or necessity as affirmative defense cannot challenge relatedness or necessity in opposing motion for summary disposition

24 Fla. L. Weekly Supp. 182a

Online Reference: FLWSUPP 2402MAXAInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Where Medicare Part B fee schedule was not incorporated into PIP policy, and insurer withdrew its expert witness on reasonableness of MRI charge and presented no other evidence to oppose motion for summary disposition on issue, medical provider is entitled to summary disposition — Relatedness and medical necessity — Insurer that paid claim at reduced amount without disputing relatedness or necessity of service and failed to raise relatedness or necessity as affirmative defense cannot challenge relatedness or necessity in opposing motion for summary disposition

24 Fla. L. Weekly Supp. 180a

Online Reference: FLWSUPP 2402MCGUInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Where Medicare Part B fee schedule was not incorporated into PIP policy, and insurer withdrew its expert witness on reasonableness of MRI charge and presented no other evidence to oppose motion for summary disposition on issue, medical provider is entitled to summary disposition — Relatedness and medical necessity — Insurer that paid claim at reduced amount without disputing relatedness or necessity of service and failed to raise relatedness or necessity as affirmative defense cannot challenge relatedness or necessity in opposing motion for summary disposition