Volume 24

24 Fla. L. Weekly Supp. 147d

Online Reference: FLWSUPP 2402PASCInsurance — Personal injury protection — Coverage — Deductible — Declaratory action — Availability of remedy through action for breach of contract does not preclude action for declaratory relief regarding application of deductible

24 Fla. L. Weekly Supp. 455a

Online Reference: FLWSUPP 2406GUZMInsurance — Personal injury protection — Coverage — Medical expenses — Declaratory judgment — Motion to dismiss count of amended complaint seeking declaratory judgment as to whether insurance policy clearly and unambiguously notified insureds of insurer’s election of a single method of calculating PIP benefits and whether insurance policy unlawfully elected to rely on Medicare Multiple Procedure Payment Reduction in violation is denied

24 Fla. L. Weekly Supp. 365a

Online Reference: FLWSUPP 2405DECKInsurance — Personal injury protection — Declaratory action — Motion to dismiss count seeking declaration as to whether PIP policy clearly and unambiguously elected use of permissive fee schedule method of reimbursement, whether insurer is authorized to reimburse claim pursuant to hybrid method or fee schedule method rather than reasonable amount method and whether insurer is authorized to rely on Medicare Multiple Procedure Payment Reduction is denied — Issue of preemption and merits of declaratory questions are not appropriately raised in motion to dismiss

24 Fla. L. Weekly Supp. 995b

Online Reference: FLWSUPP 2411DBROInsurance — Personal injury protection — Coverage — Medical expenses — Declaratory judgment — Provider’s complaint for declaratory relief as to whether insurer was permitted to pay claims with the limitations found in its 9810A policy and whether policy would preclude provider from balance billing its patient alleged all the elements of declaratory judgment action — Motion to dismiss denied

24 Fla. L. Weekly Supp. 364b

Online Reference: FLWSUPP 2405SOLOInsurance — Personal injury protection — Declaratory actions — Motion to dismiss count seeking declaratory relief is granted where medical provider does not allege any true uncertainty as to whether it possesses rights under PIP contract, but merely seeks declaration as to whether policy is ambiguous as to payment method

24 Fla. L. Weekly Supp. 707a

Online Reference: FLWSUPP 2409ALFAInsurance — Personal injury protection — Med pay — Declaratory actions — Motion to dismiss complaint seeking declaration as to whether insurer paid claims pursuant to hybrid method rather than reasonable amount method of reimbursement or statutory fee schedule and was entitled to do so and whether insurer was authorized to rely on Medicare Multiple Procedure Payment Reduction is denied — No merit to argument that medical provider has failed to specify any right under policy in doubt and is actually seeking advice from court on what course of action to employ to enforce its rights — Provider is entitled to have threshold legal question as to its rights under policy and PIP statute answered where answer may resolve case without expenditure of resources on litigating issues of reasonableness, relatedness and necessity of charges that may become moot

24 Fla. L. Weekly Supp. 866b

Online Reference: FLWSUPP 2410LAPOInsurance — Personal injury protection — Declaratory actions — Action for declaratory judgment is improper in first-party PIP case where judgment on breach of contract count of complaint will provide full, adequate, and complete relief

24 Fla. L. Weekly Supp. 866a

Online Reference: FLWSUPP 2410BUILInsurance — Standing — Dissolved corporation — Medical provider dissolved as result of failure to file annual report with Florida Department of State is ordered to file report to reinstate active status within 30 days — If provider fails to reinstate, case will be dismissed

24 Fla. L. Weekly Supp. 867a

Online Reference: FLWSUPP 2410EXPOInsurance — Summary judgment — Affidavit in opposition to motion for summary judgment creates genuine issue of material fact as to whether medical provider knowingly submitted false or misleading statement related to claim or charges — Insurer’s motion for summary judgment denied

24 Fla. L. Weekly Supp. 562a

Online Reference: FLWSUPP 2407POLAInsurance — Personal injury protection — Complaint — Amendment — Medical provider is granted leave to amend complaint to correct misnomer in name of plaintiff where there is no doubt as to identity of intended plaintiff, and amendment is not attempt to substitute different party into litigation — Insurer is granted leave to amend answer to challenge provider’s standing on basis that name of plaintiff differs from name of entity in assignment