Volume 24

24 Fla. L. Weekly Supp. 467a

Online Reference: FLWSUPP 2406EADAInsurance — Personal injury protection — Coverage — Deductible — Insurer improperly applied fee schedule reductions to medical provider’s charges prior to applying deductible to charges — Insurer should have applied deductible to total charges billed

24 Fla. L. Weekly Supp. 462b

Online Reference: FLWSUPP 2406ADAMInsurance — Personal injury protection — Coverage — Deductible — Insurer improperly applied fee schedule reductions to medical provider’s charges prior to applying deductible to charges — Insurer should have applied deductible to total charges billed

24 Fla. L. Weekly Supp. 383a

Online Reference: FLWSUPP 2405BARDInsurance — Personal injury protection — Deductible — PIP insurer improperly applied statutory fee schedule to reduce bills before applying those bills to deductible — Pursuant to both PIP statute and policy terms, fee schedule may only be applied to bills for which benefits are actually paid — Question certified: Pursuant to Fla. Stat. §627.739, is an insurer required to apply the deductible to 100% of an insured’s expenses and losses prior to applying any permissive fee schedule payment limitation found in §627.736(5)(a)1, Fla. Stat. (2013)?

24 Fla. L. Weekly Supp. 936a

Online Reference: FLWSUPP 2411DOCTInsurance — Personal injury protection — Deductible — 2008 version of statute requires that PIP deductible be applied to 100% of expenses before medical bills can be reduced by an insurance company

24 Fla. L. Weekly Supp. 318a

Online Reference: FLWSUPP 2405PAREInsurance — Personal injury protection — Coverage — Medical expenses — Deductible is to be applied to 100% of expenses and losses incurred — Insurer erred in applying fee schedule reimbursement limitation found in statute and then applying deductible to that limitation amount

24 Fla. L. Weekly Supp. 200a

Online Reference: FLWSUPP 2403LPENInsurance — Personal injury protection — Deductible — Trial court did not err in concluding that PIP insurer improperly applied statutory fee schedule to reduce bills before applying those bills to deductible

24 Fla. L. Weekly Supp. 966a

Online Reference: FLWSUPP 2411WIGFInsurance — Personal injury protection — Coverage — Medical expenses — Deductible — PIP statute requires insurer to apply deductible to 100% of reasonable, related and necessary medical expenses — Where reasonableness, relatedness, and necessity of charges incurred following accident that did not result in any visible damage to either school bus in which insured was passenger or truck with which bus collided is in dispute, question of fact exists as to whether charges at issue were applicable to policy deductible as compensable charges and, if so, to what extent

24 Fla. L. Weekly Supp. 994c

Online Reference: FLWSUPP 2411LOPEInsurance — Personal injury protection — Deductible

24 Fla. L. Weekly Supp. 304a

Online Reference: FLWSUPP 2404PARRInsurance — Deductible

24 Fla. L. Weekly Supp. 460a

Online Reference: FLWSUPP 2406ORAMInsurance — Personal injury protection — Proposal for settlement — Defendant in action for declaratory relief was entitled to submit proposal for settlement, although claim raised was equitable on its face, where affirmative answer to either of the questions raised in complaint had no independent value separate and apart from serving as precursor for plaintiff to establish that defendant breached insurance contract by underpaying PIP benefits — Motion to strike offer of judgment is denied — Motion for enlargement of time to respond to proposal for settlement until after plaintiff takes deposition of defendant’s PIP litigation adjuster is denied — Although plaintiff timely filed request for enlargement of time before 30-day period for acceptance expired, it did not file notice of hearing until well after 30-day period expired — Filing of rule 1.090(b) motion to enlarge time to accept proposal for settlement does not automatically toll 30-day period for accepting that proposal until motion to enlarge is decided