Volume 25

25 Fla. L. Weekly Supp. 192a

Online Reference: FLWSUPP 2502ESTEInsurance — Personal injury protection — Demand letter with enclosed ledger did not comply with statute where ledger reflected a zero balance

25 Fla. L. Weekly Supp. 910b

Online Reference: FLWSUPP 2510GORDInsurance — Personal injury protection — Coverage — Passenger — Owner of vehicle in state — Notice of covered loss — Insurer was not provided sufficient notice of a covered loss prior to suit where claimant failed to provide some evidence or proof that vehicle claimant owned was inoperable at time of accident — Insurer’s motion for final summary judgment based on insufficient notice of covered loss is granted

25 Fla. L. Weekly Supp. 199a

Online Reference: FLWSUPP 2502CASTInsurance — Personal injury protection — Coverage — Owner of vehicle for which security was required by law — Passenger who owned an operable vehicle registered in state and who had operated the vehicle during the registration period before making the conscious decision not to operate vehicle was required to maintain insurance on the vehicle continuously throughout the registration period, irrespective of whether vehicle continued to be driven — Passenger not entitled to coverage for injuries sustained while riding in insured’s vehicle

25 Fla. L. Weekly Supp. 364b

Online Reference: FLWSUPP 2504VDIAInsurance — Personal injury protection — Coverage — Medical expenses — Medicaid Multiple Procedure Payment Rule does not limit use or duration of services and does not prevent insured from accessing any procedure — Accordingly, insurer’s application of MPPR is permitted under no-fault statute — Insurer properly applied MPPR for the year in which services were rendered — Section 627.736(5)(a)(3) has no language requiring “substitution” of 2007 Medicare Coding policies or payment methodologies

25 Fla. L. Weekly Supp. 367a

Online Reference: FLWSUPP 2504LONYInsurance — Personal injury protection — Coverage — Medical expenses — Civil procedure — Voluntary dismissal — Notices of Withdrawal of charges for certain CPT codes — Insurer’s allegation of fraud was insufficient basis for striking provider’s motion to withdraw all charges for certain CPT codes, which notices were filed prior to plaintiff obtaining any affirmative relief — Rule 1.420 affords plaintiff the absolute right to dismiss entire claim or any part thereof so long as notice is timely served, and court cannot take into account a plaintiff’s purported motive for filing a dismissal pursuant to this rule

25 Fla. L. Weekly Supp. 869b

Online Reference: FLWSUPP 2510DACOInsurance — Personal injury protection — Coverage — Medical expenses — Withdrawal of benefits — Valid report by physician licensed under same chapter as treating physician stating treatment was not reasonable, related, or medically necessary — Trial court erred in granting summary judgment in favor of provider where insurer presented report of chiropractic physician and there was factual issue as to identity of treating physician for the services at issue

25 Fla. L. Weekly Supp. 375b

Online Reference: FLWSUPP 2504EPInsurance — Personal injury protection — Venue — Forum selection clause — Where forum selection clause in PIP policy mandates that action against insurer be brought in court in county where covered person lived at time of accident, and there is no evidence that enforcement of clause would be unreasonable or unjust, PIP case brought in Sarasota County by assignee of insured who resided in Hillsborough County at time of accident is transferred to Hillsborough County

25 Fla. L. Weekly Supp. 178a

Online Reference: FLWSUPP 2502WARRInsurance — Personal injury protection — Venue — Forum selection clause — Where forum selection clause in PIP policy mandates that action against insurer be brought in court in county where covered person resides, and there is no evidence that enforcement of clause would be unreasonable or unjust or that clause is invalid for fraud or overreaching, motion to dismiss PIP case brought in Volusia County by insured residing in Hillsborough County is granted

25 Fla. L. Weekly Supp. 197a

Online Reference: FLWSUPP 2502FIELInsurance — Personal injury protection — Venue — Forum non conveniens — Insurer’s motion to transfer venue based on convenience of parties and witnesses is denied where insurer has not identified witnesses, explained nature or significance of witnesses’ testimony, or demonstrated that venue selected by medical provider will cause substantial inconvenience and undue expense to insurer

25 Fla. L. Weekly Supp. 783a

Online Reference: FLWSUPP 2509LOPEInsurance — Personal injury protection — Claims — Timeliness — Trial court erred in holding that insurer waived right to contest timeliness of PIP bills by making partial payment on bills