Volume 26

26 Fla. L. Weekly Supp. 264a

Online Reference: FLWSUPP 2604ZARAInsurance — Personal injury protection — Coverage — Medical expenses — Statutory fee schedules — Clear and unambiguous election by insurer — Final summary judgment entered in favor of medical provider based on then-binding precedent regarding election of statutory fee schedules that has since been quashed by Florida Supreme Court is reversed and remanded for further proceedings consistent with supreme court decision

26 Fla. L. Weekly Supp. 88a

Online Reference: FLWSUPP 2602ADAMInsurance — Personal injury protection — Coverage — Medical expenses — Statutory fee schedules — Policy language provided legally sufficient notice regarding insurer’s decision to use statutory reimbursement limitations

26 Fla. L. Weekly Supp. 86a

Online Reference: FLWSUPP 2602SANCInsurance — Personal injury protection — Coverage — Medical expenses — Statutory fee schedules — Clear and unambiguous election by insurer

26 Fla. L. Weekly Supp. 10a

Online Reference: FLWSUPP 2601NIZOInsurance — Personal injury protection — Coverage — Medical expenses — Statutory fee schedules

26 Fla. L. Weekly Supp. 690a

Online Reference: FLWSUPP 2608UBIDInsurance — Personal injury protection — Coverage — Medical expenses — PIP policy provision stating that charge submitted for amount less than 200% of allowable amount under Medicare Part B fee schedule shall be paid in amount of charge submitted does not vitiate application of coinsurance provision limiting payment to 80% of reimbursable amount

26 Fla. L. Weekly Supp. 688a

Online Reference: FLWSUPP 2608BAPTInsurance — Personal injury protection — Coverage — Medical expenses — PIP policy provision stating that charge submitted for amount less than 200% of allowable amount under Medicare Part B fee schedule shall be paid in amount of charge submitted does not vitiate application of coinsurance provision limiting payment to 80% of reimbursable amount

26 Fla. L. Weekly Supp. 587c

Online Reference: FLWSUPP 2607AMONInsurance — Personal injury protection — Standing — Plaintiff does not have standing under assignment of benefits where assignment lists individual as the assignee, not the plaintiff which is a professional association bearing a title with the individual’s name — Court will not look to parol evidence to consider contrary meaning where language of assignment is unambiguous

26 Fla. L. Weekly Supp. 587b

Online Reference: FLWSUPP 2607CMONInsurance — Personal injury protection — Standing — Plaintiff does not have standing under assignment of benefits where assignment lists individual as the assignee, not the plaintiff, which is a professional association bearing a title with the individual’s name — Court will not look to parol evidence to consider contrary meaning where language of assignment is unambiguous

26 Fla. L. Weekly Supp. 324a

Online Reference: FLWSUPP 2604ZELAInsurance — Personal injury protection — Summary judgment — Medical provider’s motion for summary judgment is granted where evidence demonstrates that insurer agreed to pay benefits, statutory penalty, and postage in settlement of claim, but insurer has submitted no proof of payment or evidence related to routine business practice to support finding that check was mailed

26 Fla. L. Weekly Supp. 143a

Online Reference: FLWSUPP 2602NUNEInsurance — Personal injury protection — Summary judgment is entered in favor of insurer on issue of correctness of its calculation of reductions pursuant to statutory fee schedules and Multiple Procedure Payment Reduction where insurer filed affidavit of litigation specialist and explanations of benefits detailing calculation of payments for all dates of service, and medical provider failed to file affidavit detailing contrary calculations and filed deposition in which it failed to impeach testimony of insurer’s corporate representative