Volume 24

24 Fla. L. Weekly Supp. 1000b

Online Reference: FLWSUPP 2411HENNInsurance — Personal injury protection — Claims — Timeliness — Where insured mistakenly advised medical provider that she had no PIP coverage, and provider did not discover that insured was covered under relative’s PIP policy and bill insurer until more than 35 days after date of service, insurer is not liable for charges — Statutory provision extending 35-day deadline when claim has been submitted to wrong carrier is not applicable

24 Fla. L. Weekly Supp. 927c

Online Reference: FLWSUPP 2411NORTInsurance — Personal injury protection — Trial court erred in granting summary judgment in favor of insurer pursuant to section 627.736(5)(b)1.c. where there were material issues of fact as to whether provider knowingly submitted false or misleading statements

24 Fla. L. Weekly Supp. 371a

Online Reference: FLWSUPP 2405RAMIInsurance — Personal injury protection — Offer of judgment — Although offer of judgment statute does not apply in actions seeking both damages and equitable relief, it may be used in PIP case containing counts for breach of contract and for declaratory relief where true relief sought by both counts is monetary since answers sought in declaratory relief count will be dispositive of breach of contract claim — Motion to strike offer of judgment is denied — Motion for enlargement of time to respond to offer is denied where medical provider filed timely motion but did not schedule hearing on motion until after expiration of time to respond — Filing of motion did not toll 30-day deadline for acceptance of offer

24 Fla. L. Weekly Supp. 304c

Online Reference: FLWSUPP 2404WESTInsurance — Personal injury protection — Reconsideration — Successor judge has authority to reconsider rulings made by disqualified predecessor judge, but parties are not entitled to have order entered by predecessor judge voided as matter of right — Demand letter — No error in predecessor judge’s ruling that demand letter that failed to account for amounts already paid by insurer was insufficient to satisfy PIP statute

24 Fla. L. Weekly Supp. 521a

Online Reference: FLWSUPP 2407ALBUInsurance — Property — Sinkhole loss — Evidence — Scientific opinion — Where principles of original horizontality and gravitational compaction relied upon by insured’s expert to opine that there is sinkhole activity on insured’s property are not applicable to limestone and sandy/clay soils found on property, and application of these principles to sinkhole analysis is not generally accepted or used by professional engineering or geological community, opinions of expert based on these principles do not satisfy requirements for admissibility — Expert’s testimony regarding N-values he would expect to see if property does not have sinkhole activity is inadmissible where computation of expected N-values is based on equation applicable to pure sand material that cannot be applied to mixed soils and limestone present on property, and calculation has error rate greater than 50% — Expert’s opinion that circular depression on property is sinkhole, based on two borings made 50 feet away from depression, is inadmissible because opinion is based on insufficient facts and data

24 Fla. L. Weekly Supp. 229a

Online Reference: FLWSUPP 2403JRODInsurance — Homeowners — Coverage — Water seepage and leakage — Policy endorsement limiting coverage for water seepage and leakage to $1,000 is clear, and insurer is entitled to have it applied as written — No merit to argument that limitation cannot be applied because it was not included within exclusion section of policy — Coverage limitation is not an exclusion — Fact that endorsement has heading of “Additional Coverages” does not render limitation ambiguous where endorsement title states that it is limitation and definitions within endorsement clearly define limits

24 Fla. L. Weekly Supp. 308a

Online Reference: FLWSUPP 2404OCTAInsurance — Evidence — Judicial notice — Medicare Part B fee schedule and federal government website, CMS.gov

24 Fla. L. Weekly Supp. 237a

Online Reference: FLWSUPP 2403MADAInsurance — Evidence — Judicial notice — Medicare Part B fee schedule and federal government website, CMS.gov

24 Fla. L. Weekly Supp. 235b

Online Reference: FLWSUPP 2403CHANInsurance — Evidence — Judicial notice — Medicare Part B Physician fee schedule

24 Fla. L. Weekly Supp. 815a

Online Reference: FLWSUPP 2410APARInsurance — Uninsured motorist — Claims for injuries sustained when vehicle in which she was passenger was struck from behind by a vehicle operated by an uninsured motorist — Striking of insurer’s expert witnesses as sanction for failure to comply with court order requiring insurer to provide responsive answers to plaintiff’s expert interrogatories