Volume 26

26 Fla. L. Weekly Supp. 997a

Online Reference: FLWSUPP 2612DUFFInsurance — Personal injury protection — Demand letter — Medical provider failed to satisfy condition precedent to filing suit where it submitted letter demanding 80% of total charges and then sought 100% of charges after suit was filed

26 Fla. L. Weekly Supp. 330a

Online Reference: FLWSUPP 2604BOUGInsurance — Personal injury protection — Demand letter — Sufficiency — Demand letter was not defective for demanding payment for massage services where statute that made massage services not compensable went into effect in year demand letter was submitted and its validity had not yet been upheld in court, and medical provider did not have copy of PIP policy to determine if it provided benefits for such services — PIP statute does not mandate that demand letter state exact amount that insurer will ultimately owe

26 Fla. L. Weekly Supp. 983a

Online Reference: FLWSUPP 2612VILAInsurance — Personal injury protection — Demand letter — Sufficiency — PIP statute does not require that demand letter account for prior payments made by insurer or attempt to state exact amount owed by insurer — By attaching itemized statement to demand letter, medical provider satisfied statutory condition precedent of section 627.736(10)

26 Fla. L. Weekly Supp. 831a

Online Reference: FLWSUPP 2610JTHOInsurance — Personal injury protection — Demand letter — Sufficiency — By attaching itemized statement to demand letter, medical provider satisfied statutory condition precedent of section 627.736(10) — PIP statute does not require that demand letter account for prior payments made by insurer or attempt to state exact amount owed by insurer

26 Fla. L. Weekly Supp. 121b

Online Reference: FLWSUPP 2602ROSAInsurance — Personal injury protection — Coverage — Passenger in non-owned vehicle

26 Fla. L. Weekly Supp. 341b

Online Reference: FLWSUPP 2605ALVAInsurance — Personal injury protection — Coverage — Owner of vehicle for which security was required by law — Trial court erred in ruling that vehicle with salvage rebuildable title was not motor vehicle under Florida law and was, therefore, not required to be insured — Question of whether insurance is required is dependent on whether vehicle is operated or driven on roads of state, not how vehicle is titled — Remand for factual determination of whether vehicle was operated or driven on roads of state

26 Fla. L. Weekly Supp. 517a

Online Reference: FLWSUPP 2606SYSTInsurance — Personal injury protection — Motion to strike or exclude unpled or waived issues is granted — Bar to injection of new claim or theory subsequent to a recent Florida Supreme court ruling that undermined the original claim or theory

26 Fla. L. Weekly Supp. 670a

Online Reference: FLWSUPP 2608JGONInsurance — Personal injury protection — Coverage — Medical benefits — Unbundling — Provider that billed for electrical stimulation therapy was not entitled to separate payment for electrical stimulation pads incident to the procedure

26 Fla. L. Weekly Supp. 772a

Online Reference: FLWSUPP 2609JACQInsurance — Personal injury protection — Coverage — Medical expenses — CPT codes — Unbundled charges — Where charges for range of motion testing were improperly unbundled from charge for muscle testing performed on same date, insurer properly denied payment for unbundled charges

26 Fla. L. Weekly Supp. 534a

Online Reference: FLWSUPP 2607OCEAInsurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of benefits — Gratuitous payments — MRI — Where policy expressly limited payments for MRI expenses to the applicable limitations for such expenses as prescribed by No-Fault Law, trial court properly found that payments in excess of that limit were voluntary or gratuitous — Trial court erred in entering summary judgment in favor of provider without making specific rulings on each affirmative defense raised by insurer