Volume 27

27 Fla. L. Weekly Supp. 756a

Online Reference: FLWSUPP 2708CINTInsurance — Personal injury protection — Coverage — Medical expenses — Dry hydrotherapy — Where CPT code for dry hydrotherapy treatment is not delineated in physician’s fee schedule for Medicare Part B, treatment was properly reimbursed in accordance with workers’ compensation fee schedule notwithstanding fact that dry hydrotherapy may by reimbursable under Medicare Part B if underlying service performed is examined on an individualized basis

27 Fla. L. Weekly Supp. 4a

Online Reference: FLWSUPP 2701PEREInsurance — Personal injury protection — Coverage — Medical expenses — Lawfully rendered services — Insurer’s motion for summary judgment was not legally insufficient for asserting that bills submitted for services performed by unlicensed physician were either unlawful or were knowingly false when submitted — No abuse of discretion in denying medical provider’s motions for rehearing of order granting summary judgment in favor of insurer where motions presented new evidence that provider had mistakenly identified wrong physician in bills but do not indicate that provider could not have discovered and submitted this evidence prior to summary judgment hearing — Insurer did not waive right to deny claim based on false information by fact that corrected claim forms were later sent and insurer had made payment under policy prior to discovering false information

27 Fla. L. Weekly Supp. 80a

Online Reference: FLWSUPP 2701HERBInsurance — Personal injury protection — Overdue claim — Interest, penalty, and postage — Insurer who paid PIP benefits within 30 business days of receipt of demand letter is also obligated to pay 10% penalty, interest and postal costs

27 Fla. L. Weekly Supp. 835a

Online Reference: FLWSUPP 2709BATIInsurance — Personal injury protection — Coverage — Medical expenses — Insurer’s failure to pay claim within 30 days or even during 60-day investigation period allowed by section 627.736(4)(i) does not constitute acquiescence to claim or eliminate right to contest claim — Licensed health care clinic may be reimbursed under PIP statute for non-massage services provided by licensed massage therapist

27 Fla. L. Weekly Supp. 837a

Online Reference: FLWSUPP 2709MARZInsurance — Personal injury protection — Insurer breached contract by failing to pay PIP claim within thirty days and failing to extend payment period pursuant to section 627.736(4)(i)

27 Fla. L. Weekly Supp. 189a

Online Reference: FLWSUPP 2702VALDInsurance — Personal injury protection — Motion for rehearing of order striking, as sham, insurer’s pleadings in counterclaim against provider and entering summary judgment denied — Final judgment is entered

27 Fla. L. Weekly Supp. 1036a

Online Reference: FLWSUPP 2712KAZUInsurance — Personal injury protection — Confession of judgment — Where insurer confessed judgment for maximum jurisdictional amount demanded in statement of claim, motion for entry of confessed judgment is granted — Demand letter for greater amount attached to statement of claim does not negate cause of action asserted so as to control over amount demanded in statement of claim and preclude entry of confessed judgment

27 Fla. L. Weekly Supp. 487a

Online Reference: FLWSUPP 2705NOBLInsurance — Personal injury protection — Where statement of particulars has balance well above amount pled in complaint and lists items as paid, more definite statement is required

27 Fla. L. Weekly Supp. 742b

Online Reference: FLWSUPP 2708PERNInsurance — Personal injury protection — Motion to amend complaint filed against wrong insurer to name correct insurer by interlineation is denied — Medical provider may not substitute entirely new party as defendant — Further, amendment would be futile since statute of limitations has expired and amendment would not relate back to complaint’s original filing

27 Fla. L. Weekly Supp. 730a

Online Reference: FLWSUPP 2708ROSIInsurance — Personal injury protection — Complaint — Amendment — Motion to amend complaint to correct amount in controversy following confession of judgment for amount alleged in original complaint is granted, and motions to dismiss, enforce confession of judgment, and enter final judgment are denied — Amount in controversy is merely allegation and is not dispositive of issue of damages, confession of judgment did not exhaust policy limits, and request to amend complaint is the first request by medical provider and comes early in litigation