Volume 27

27 Fla. L. Weekly Supp. 313b

Online Reference: FLWSUPP 2703JMARInsurance — Personal injury protection — Coverage — Medical expenses — Provider entitled to summary judgment where insurer did not deny claim within 90 days of receipt — Untimely filed notice of filing in opposition to summary judgment is not considered

27 Fla. L. Weekly Supp. 313a

Online Reference: FLWSUPP 2703MARZInsurance — Personal injury protection — Coverage — Medical expenses — Provider entitled to summary judgment where insurer did not deny claim within 90 days of receipt — Untimely filed notice of filing in opposition to summary judgment is not considered

27 Fla. L. Weekly Supp. 982a

Online Reference: FLWSUPP 2711TOREInsurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Payment using 2007 Medicare Limiting Charge was proper and did not constitute gratuitous payment or bad faith — Having exhausted benefits in payment of valid timely bills, insurer is not liable for further payments to medical provider

27 Fla. L. Weekly Supp. 408c

Online Reference: FLWSUPP 2704JOSEInsurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Gratuitous payments — Where insurer exhausted PIP benefits by making payment to another medical provider whose claim insureds had already settled and paid, payment of that claim was gratuitous payment and should not be considered to have been made against policy limits — Summary judgment entered in favor of plaintiff medical provider

27 Fla. L. Weekly Supp. 828b

Online Reference: FLWSUPP 2709NGUYNOT FINAL VERSION OF OPINION
Subsequent Changes at 28 Fla. L. Weekly Supp. 323aInsurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Payments using 2007 Medicare non-facility limiting charge were proper and did not constitute gratuitous payments or bad faith — Having exhausted benefits in payment of valid timely bills, insurer is not liable for further payments to medical provider

27 Fla. L. Weekly Supp. 751a

Online Reference: FLWSUPP 2708KINGInsurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Where insurer exhausted benefits in payment to other medical providers, and plaintiff’s allegations of payment of invalid or untimely claims are not supported by record, summary disposition is entered in favor of insurer — Plaintiff cannot raise defense of statute of limitations on behalf of insurer with respect to other providers’ claims

27 Fla. L. Weekly Supp. 482a

Online Reference: FLWSUPP 2705MANDInsurance — Personal injury protection — Consistent with appellate mandate, summary judgment entered in favor of insurer regarding medical provider’s failure to provide pre-suit documentation of emergency medical condition or respond to request for documentation and premature demand letter — Provider’s motion for attorney’s fees and costs is denied

27 Fla. L. Weekly Supp. 463a

Online Reference: FLWSUPP 2705MJANInsurance — Personal injury protection — Coverage — Emergency medical condition — Where insurer paid full $2,500 in benefits available to insured who had not demonstrated diagnosis of emergency medical condition and requested documentation of EMC, and insurer paid additional benefits after suit had been filed and EMC documentation was provided, trial court erred in construing post-suit payment of benefits as confession of judgment — Insurer was not liable for benefits above $2,500 until EMC documentation was provided — Remand for entry of summary judgment in favor of insurer

27 Fla. L. Weekly Supp. 213a

Online Reference: FLWSUPP 2702JTIRInsurance — Personal injury protection — Coverage — Medical expenses — Emergency medical condition — Insurer entitled to summary disposition in its favor on provider’s claim for payment of amounts over $2500 where insurer was not put on notice of any emergency medical condition prior to suit being filed

27 Fla. L. Weekly Supp. 215a

Online Reference: FLWSUPP 2702MTIRInsurance — Personal injury protection — Coverage — Medical expenses — Emergency medical condition — Insurer entitled to summary disposition in its favor on provider’s claim for payment of amounts over $2500 where insurer was not put on notice of any emergency medical condition prior to suit being filed