Volume 25

25 Fla. L. Weekly Supp. 509e

Online Reference: FLWSUPP 2506SJORInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges

25 Fla. L. Weekly Supp. 633a

Online Reference: FLWSUPP 2507RAYMInsurance — Personal injury protection — Coverage — Medical expenses — Reasonable, related, and necessary treatment — Summary judgment — Affidavit of treating physician was sufficient to meet provider’s burden of proof on issue of reasonableness, causal relationship, and necessity of treatment provided to insured — Court cannot consider untimely filed deposition transcript of treating physician or other purported evidence offered in opposition to provider’s motion for partial summary judgment — Because defendant failed either to substantially impeach medical expert testimony of treating physician or present countervailing evidence from licensed physician, provider is entitled to summary judgment on reasonableness, relatedness, and necessity of treatment

25 Fla. L. Weekly Supp. 200a

Online Reference: FLWSUPP 2502GRANInsurance — Personal injury protection — Coverage — Medical expenses — Medically necessary treatment — Summary judgment — Opposing affidavit does not preclude entry of summary judgment in favor of medical provider on issue of medical necessity of treatment provided after independent medical examination cutoff date where IME physician formed opinion that treatment was not necessary based solely on IME and did not review medical records relating to disputed treatment — Even if affiant’s opinion could properly be based on incomplete records, his conclusion that lack of improvement means that treatment was not medically necessary suggests that he did not apply statutory definition of medical necessity

25 Fla. L. Weekly Supp. 873a

Online Reference: FLWSUPP 2510NUNEInsurance — Personal injury protection — Coverage — Medical expenses — Trial court did not err in granting provider’s motions for summary judgment as to reasonableness of its charges — Evidence presented in support of motions was legally sufficient to shift burden to insurer, and insurer did not carry its burden of showing genuine issue of material fact or triable issue — Trial court erred in granting summary judgment in favor of provider as to relatedness and medical necessity of services rendered — Insurer did not waive right to raise these issues by making partial payment of benefits prior to commencement of lawsuit

25 Fla. L. Weekly Supp. 872a

Online Reference: FLWSUPP 2510BRYAInsurance — Personal injury protection — Coverage — Medical expenses — Trial court did not err in granting provider’s motions for summary judgment as to reasonableness of its charges — Evidence presented in support of motions was legally sufficient to shift burden to insurer, and insurer did not carry its burden of showing genuine issue of material fact or triable issue — Trial court erred in granting summary judgment in favor of provider as to relatedness and medical necessity of services rendered — Insurer did not waive right to raise these issues by making partial payment of benefits prior to commencement of lawsuit

25 Fla. L. Weekly Supp. 123b

Online Reference: FLWSUPP 2501CASTInsurance — Personal injury protection — Coverage — Medical expenses — Relatedness and necessity of treatment — Summary judgment — Opposing affidavit filed by insurer does not preclude partial summary judgment in favor of medical provider on issues of relatedness and medical necessity of treatment where opinion of affiant who did not review insured’s medical history, examination results, treatment plan or other clinical records is not based on sufficient facts or data

25 Fla. L. Weekly Supp. 292a

Online Reference: FLWSUPP 2503ESPIInsurance — Personal injury protection — Coverage — Medical expenses — Summary judgment — Opposing affidavit filed by insurer does not preclude summary judgment in favor of medical provider on issues of reasonableness of charges and relatedness and medical necessity of treatment where affidavit does not demonstrate relevance, is not based on sufficient data and personal knowledge, is based on conjecture and speculation, and raises issues not preserved through affirmative defenses

25 Fla. L. Weekly Supp. 307

aOnline Reference: FLWSUPP 2504ORDOInsurance — Personal injury protection — Trial court did not err in entering summary disposition in favor of medical provider on issue of reasonableness of charges where provider’s evidence was legally sufficient to shift burden to insurer, affidavit of insurer’s actuary was properly stricken, and affidavit of claims adjuster did not create triable issue — Trial court erred in entering summary disposition in favor of provider on issue of medical necessity of treatment where adjuster’s affidavit created triable issue regarding necessity

25 Fla. L. Weekly Supp. 120a

Online Reference: FLWSUPP 2501MCCAInsurance — Personal injury protection — Coverage — Medical expenses — Reasonable of charges — Related and necessary treatment — Expert testimony — Affidavits of treating physicians submitted by provider in support of motion for summary judgment were sufficient to establish prima facie case that treatment rendered was medically necessary and related to motor vehicle accident — Opposing affidavits failed to meet three-pronged test set forth in section 90.702 — Plaintiff presented prima facie case that its charge for treatment was reasonable through affidavit of treating physician, and affidavit of defendant’s expert was legally insufficient to raise disputed issue of fact — Provider’s motion for summary judgment granted

25 Fla. L. Weekly Supp. 942a

Online Reference: FLWSUPP 2511MCNEInsurance — Personal injury protection — Coverage — Medical expenses — Summary judgment — Reasonableness of charges — Trial court did not err in granting medical provider’s motion for summary judgment on issue of reasonableness of charges where evidence in support of motion was sufficient to shift burden to insurer, and insurer did not meet burden to show genuine issue of material fact or triable issue as to reasonableness — Relatedness and medical necessity of treatment — Trial court erred in entering summary judgment in favor of provider on issues of relatedness and medical necessity of treatment upon concluding that insurer waived right to contest those issues by making partial payment of benefits before commencement of lawsuit