Volume 25

25 Fla. L. Weekly Supp. 507a

Online Reference: FLWSUPP 2506EMANInsurance — Personal injury protection — Coverage — Medical expenses — Insurer’s affidavit was sufficient to create genuine issues of material fact as to issues of relatedness and medical necessity of coverage, and it was error to enter summary judgment in favor of provider on these issues

25 Fla. L. Weekly Supp. 13a

Online Reference: FLWSUPP 2501SALAInsurance — Personal injury protection — Coverage — Medical expenses — Trial court erred in entering summary judgment in favor of plaintiff on relatedness and necessity of treatment rendered to insured where affidavit submitted by insurer raised genuine issues of material fact

25 Fla. L. Weekly Supp. 85a

Online Reference: FLWSUPP 2501PJOSInsurance — Personal injury protection — Coverage — Medical expenses — Related and necessary treatment — Where insurer did not provide written statement disputing relatedness or necessity of treatment prior to motion for summary judgment but, instead, made numerous admissions that treatment was related and necessary, treatment is deemed related and necessary and insurer is estopped from conducting discovery on those issues

25 Fla. L. Weekly Supp. 905a

Online Reference: FLWSUPP 2510AMADInsurance — Personal injury protection — Coverage — Medical expenses — Summary judgment — Relatedness and necessity of treatment — Medical provider’s motion for summary judgment as to relatedness and necessity of treatment is granted where insurer admitted in response to interrogatories that treatment was related and necessary and further admitted that bills were paid in accordance with policy terms, exclusions and limitations

25 Fla. L. Weekly Supp. 148a

Online Reference: FLWSUPP 2502CHAMInsurance — Personal injury protection — Coverage — Medical expenses — Reasonable, related, and necessary treatment — Error to grant summary judgment in favor of provider on relatedness of treatment rendered after certain date where insurer’s affidavit created genuine issue of fact — No error in granting summary judgment in favor of provider on issue of relatedness of treatment provided prior to the specified date

25 Fla. L. Weekly Supp. 220a

Online Reference: FLWSUPP 2503SCOTInsurance — Personal injury protection — Coverage — Medical expenses — Reasonable, related, and necessary treatment — Affidavit submitted by insurer in opposition to provider’s motion for summary judgment was sufficient to demonstrate existence of genuine issues of material fact as to reasonableness of medical bills and necessity of treatment, thereby precluding entry of summary judgment — Insurer can challenge necessity of medical treatment at any time

25 Fla. L. Weekly Supp. 758b

Online Reference: FLWSUPP 2508SAAVInsurance — Personal injury protection — Coverage — Medical expenses — Relatedness and necessity of charges — Summary judgment — Opposing affidavit filed by insurer does not preclude summary judgment in favor of medical provider on issues of relatedness and medical necessity of MRI charge where affidavit that is based solely on review of medical records either misstates or overlooks explicit findings in records — Affidavit that was filed in support of original motion for summary judgment is admissible in support of amended motion for summary judgment

25 Fla. L. Weekly Supp. 424a

Online Reference: FLWSUPP 2505LAROInsurance — Personal injury protection — Coverage — Medical expenses — Reasonable, related and necessary treatment — Affidavit submitted by insurer in opposition to provider’s motion for summary judgment was sufficient to create genuine issue of material fact as to issues of relatedness and medical necessity only

25 Fla. L. Weekly Supp. 507b

Online Reference: FLWSUPP 2506BENEInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Affidavit offered by insurer in opposition to provider’s motion for summary judgment was insufficient to create factual issue where affiant focused on whether insurer paid a reasonable amount and whether that amount was reasonable under Medicare Part B fee schedule — County court properly entered summary judgment in favor of provider on issue of reasonableness — Relatedness and medical necessity — Affidavit offered by insurer was sufficient to create genuine issue of material fact as to relatedness and medical necessity of services rendered by provider, with the exception of initial consultation — Order granting partial summary judgment as to issues of relatedness and medical necessity reversed as to all services other than initial consultation

25 Fla. L. Weekly Supp. 158a

Online Reference: FLWSUPP 2502MEDEInsurance — Personal injury protection — Coverage — Medical expenses — Reasonable, related and necessary treatment — Affidavit by insurer’s expert was sufficient to create factual issue as to necessity of chiropractic treatment for certain CPT codes where expert opined that these treatments were duplicative or redundant, as they achieved the same physiological effect — Trial court erred in entering summary judgment in favor of provider with respect to these specific treatments — Summary judgment in favor of provider affirmed with respect to all other charges