Volume 26

26 Fla. L. Weekly Supp. 666a

Online Reference: FLWSUPP 2608PEREInsurance — Personal injury protection — Deductible applies to bill for injuries sustained by dependent relative of named insured — Because bill at issue was the first compensable bill received by insurer, deductible applied to entire amount claimed

26 Fla. L. Weekly Supp. 589a

Online Reference: FLWSUPP 2607FERNInsurance — Property — Water remediation service that is assignee of insureds can maintain action for declaratory relief seeking declaration of coverage

26 Fla. L. Weekly Supp. 139a

Online Reference: FLWSUPP 2602PRADInsurance — Personal injury protection — Declaratory action — Motion for reconsideration of order denying motion to dismiss count of complaint that seeks declaratory relief regarding unpaid portion of PIP claims is denied where challenged order was agreed to between parties, and insurer has failed to show that order was entered based on error, coercion or injustice — Moreover, fact that medical provider has another remedy at law does not preclude judgment for declaratory relief

26 Fla. L. Weekly Supp. 233a

Online Reference: FLWSUPP 2603BHANInsurance — Personal injury protection — Insurer’s motion for final summary judgment on ground that policy PIP benefits have been exhausted is denied where plaintiff is not seeking PIP benefits, but a declaratory judgment on the issue of whether policy clearly and unambiguously elected schedule of maximum charges payment calculation method, in which case provider would be prohibited from balance billing the insured for amounts not paid by insurer, or whether fact-dependent payment calculation method described in section 627.736(5)(a) applied — Regardless of whether benefits are exhausted, bona fide, actual, and present practical need for declaration exists

26 Fla. L. Weekly Supp. 896c

Online Reference: FLWSUPP 2611RAMIInsurance — Personal injury protection — Coverage — Medical expenses — Standing — Insured who has assigned PIP benefits to medical providers lacks standing to bring action for declaratory judgment regarding coverage

26 Fla. L. Weekly Supp. 481a

Online Reference: FLWSUPP 2606WADEInsurance — Personal injury protection — Coverage — Medical expenses — Declaratory actions — Standing — Insured had standing to seek declaratory relief where insurer was in doubt as to amount of coverage insured was entitled to based on dispute as to whether he suffered emergency medical condition — Trial court did not err in entering summary judgment determining that insured suffered emergency medical condition — However, trial court erred in awarding insured remainder of PIP benefits where insured did not satisfy pre-suit demand letter requirements

26 Fla. L. Weekly Supp. 33a

Online Reference: FLWSUPP 2601ZAMOInsurance — Personal injury protection — Coverage — Declaratory judgments — Court has jurisdiction to consider count in which provider seeks a declaration regarding whether policy at issue is clear and unambiguous and to insurer’s chosen methodology of reimbursement

26 Fla. L. Weekly Supp. 347a

Online Reference: FLWSUPP 2605WADEInsurance — Personal injury protection — Declaratory action — Coverage — Emergency medical condition — Where parties disputed whether insured had suffered emergency medical condition that would entitle him to receive more PIP benefits, insured had standing to seek declaratory relief — Trial court erred in awarding insured remainder of available PIP benefits where insured did not satisfy presuit demand letter requirements

26 Fla. L. Weekly Supp. 40a

Online Reference: FLWSUPP 2601GILInsurance — Personal injury protection — Charge for electrodes pursuant to CPT code A4556 is covered under PIP statute

26 Fla. L. Weekly Supp. 414a

Online Reference: FLWSUPP 2605FREYInsurance — Where medical provider’s attorney filed amended petition for declaratory relief only minutes before hearing on motion to dismiss original petition, and facts indicate that primary purpose of filing amended petition was to cause unreasonable delay, insurer’s motion for sanctions is granted