Volume 27

27 Fla. L. Weekly Supp. 980a

Online Reference: FLWSUPP 2711RPERInsurance — Personal injury protection — Examination under oath — Failure to attend — Where insurer’s request for EUO was made more than 30 days after it received medical bills, request was untimely

27 Fla. L. Weekly Supp. 203a

Online Reference: FLWSUPP 2707NEWSInsurance — Personal injury protection — Examination under oath — Failure to attend — Insurer’s request for EUO ninety days after receiving claim was untimely — Partial summary judgment is granted in favor of medical provider on affirmative defense of failure to attend EUO

27 Fla. L. Weekly Supp. 667a

Online Reference: FLWSUPP 2708ARNAInsurance — Personal injury protection — Discovery — Appeals — Certiorari — Petitions seeking certiorari review of orders that merely require in camera review of documents and do not order production of those documents to opposing party are dismissed as premature

27 Fla. L. Weekly Supp. 296a

Online Reference: FLWSUPP 2703DMARInsurance — Personal injury protection — Demand letter — Sufficiency — Demand letter with attached itemized statement complied with PIP statute — No merit to claim that demand letter was premature because provider did not respond to insurer’s request for documentation where explanation of reimbursement that disputed timeliness of bills but did not request any documentation regarding reasonableness charges or necessity of treatment is not valid request and, even if valid, request that was issued more than 30 days after receipt of bills was untimely — No merit to claim that demand letter is premature because insurer did not receive bills for all charges demanded where it is only relevant that provider sent bills, not whether insurer received bills, and record shows that insurer did receive bills

27 Fla. L. Weekly Supp. 646b

Online Reference: FLWSUPP 2707PRADInsurance — Personal injury protection — Demand letter — Demand letter defense is not appropriate for summary judgment where insurer raised invalid demand letter defense in initial answer, but failed to raise defense in second answer and filed notice of withdrawal of demand letter defense — Insurer’s motion for leave to amend affirmative defenses to include demand letter defense is denied without prejudice

27 Fla. L. Weekly Supp. 89a

Online Reference: FLWSUPP 2701ORTAInsurance — Personal injury protection — Demand letter — Where demand letter was served upon incorrect corporate designee, summary judgment is entered in favor of insurer

27 Fla. L. Weekly Supp. 1049a

Online Reference: FLWSUPP 2712WATEInsurance — Personal injury protection — Demand letter — Insured failed to comply with condition precedent to filing suit by serving demand letter before claims became overdue — Because defective demand letter cannot be cured by passage of time, complaint must be dismissed without prejudice, not abated

27 Fla. L. Weekly Supp. 974a

Online Reference: FLWSUPP 2711RUBIInsurance — Personal injury protection — Coverage — Medical expenses — Demand letter — Sufficiency — Demand letter is required to strictly comply with requirements of section 627.736(10) — Where there are inconsistencies between amount demanded in letter and amount due reflected in attached ledger, letter does not strictly or substantially comply with statutory requirements — Insurer did not waive defenses based on demand letter where insurer explicitly reserved right to raise additional defenses in response to letter — Dismissal of action, not abatement, is appropriate remedy for deficient demand letter

27 Fla. L. Weekly Supp. 489a

Online Reference: FLWSUPP 2705MYRTInsurance — Personal injury protection — Demand letter — Where demand letter failed to account for payment of 80% of charges by insurer, which constituted full amount demanded in letter, and after filing suit medical provider sought 100% of charges, letter does not satisfy condition precedent

27 Fla. L. Weekly Supp. 93a

Online Reference: FLWSUPP 2701SPIEInsurance — Personal injury protection — Demand letter — Sufficiency — PIP statute does not require that demand letter state exact amount owed by insurer — Letter that identified provider and insured, stated that it was seeking medical benefits, and included an assignment of benefits and billing ledger that specified each date of service, service provided, and amount billed complied with statute