Volume 27

27 Fla. L. Weekly Supp. 302a

Online Reference: FLWSUPP 2703PIECInsurance — Personal injury protection — Coverage — Deductible — Even if PIP insurer improperly reduced medical provider’s bill through application of statutory fee schedule before applying deductible to charges, where it is undisputed that bill is less than PIP policy deductible, such that bill would not have been reimbursed by PIP insurer whether deductible was applied to 100% of bill or not, provider did not suffer any damages on which to base breach of contract action — Declaratory action is dismissed — There is no private right of action for violations of PIP statute

27 Fla. L. Weekly Supp. 389a

Online Reference: FLWSUPP 2704JARVInsurance — Personal injury protection — Coverage — Emergency services — Deductible — All claims, including emergency services provider’s priority claim, should be properly applied to deductible in order in which they are received — Insurer erred in paying priority claim out of order of receipt and, as a result, applying it to deductible — Court declines to certify question

27 Fla. L. Weekly Supp. 67a

Online Reference: FLWSUPP 2701PJARInsurance — Personal injury protection — Deductible — Conflicting evidence as to whether insured elected deductible precludes entry of summary judgment on this issue

27 Fla. L. Weekly Supp. 763a

Online Reference: FLWSUPP 2708VVECInsurance — Personal injury protection — Coverage — Deductible — Where medical provider’s bills fell within deductible, irrespective of whether insurer reduced bills by application of statutory fee schedule prior to applying resulting sum to deductible or applied total bills to deductible, provider was not entitled to reimbursement of PIP benefits — Despite failure to provide deductible election form, insurer is entitled to summary judgment where insurer presented competent substantial evidence as to deductible amount, and provider did not provide any contrary evidence

27 Fla. L. Weekly Supp. 212a

Online Reference: FLWSUPP 2702MORRInsurance — Personal injury protection — Coverage — Deductible — Where insurer initially reduced medical provider’s bills, which were the first claims received, pursuant to statutory fee schedule and denied claims because resulting amount was less than deductible; and after issuance of Florida Supreme Court opinion requiring that deductible be applied to 100% of a provider’s bills, insurer applied deductible to 100% of charges in accordance with new precedent and again denied claims because charges were still less than deductible, summary judgment is entered in favor of insurer

27 Fla. L. Weekly Supp. 117a

Online Reference: FLWSUPP 2702BOUCInsurance — Personal injury protection — Coverage — Medical expenses — Deductible — PIP statute requires that deductible be applied to total amount of medical charges before applying statutory fee schedules

27 Fla. L. Weekly Supp. 834b

Online Reference: FLWSUPP 2709MDIAInsurance — Property — Declaratory actions — Neither insurance code, case law, nor policy allows for declaratory action premised on breach of duty to adjust and provide coverage — Claim for breach of duty to adjust against Citizens Property Insurance Corporation is barred by Citizens’ statutory sovereign immunity

27 Fla. L. Weekly Supp. 314b

Online Reference: FLWSUPP 2703TRUJInsurance — Personal injury protection — Coverage — Declaratory action — Insured’s motion for summary judgment as to affirmative defense of no coverage due to material misrepresentation is denied where no such affirmative defense has been raised, and evidence does not show that policy has been cancelled or voided — Standing — Notwithstanding fact that insured has assigned her benefits to medical providers, she has standing to pursue declaratory action seeking determination of coverage in light of insurer’s alleged voiding of policy

27 Fla. L. Weekly Supp. 285a

Online Reference: FLWSUPP 2703CORTInsurance — Personal injury protection — Coverage — Medical expenses — Declaratory action — Action seeking determination as to whether policy language requires insurer to pay full amount of charge submitted when amount of charge is less than amount allowed under statutory fee schedules is appropriate declaratory action — Neither fact that determination may affect amount of benefits owed nor fact that medical provider could have brought breach of contract action precludes declaratory action — Pre-suit demand letter is not condition precedent to bringing declaratory action — Motion to dismiss denied

27 Fla. L. Weekly Supp. 59a

Online Reference: FLWSUPP 2701HARRInsurance — Personal injury protection — Coverage — Declaratory judgment — Issue of whether policy language requires insurer to pay full amount of charges that are less than amount allowed under statutory fee schedules is appropriate for declaratory action — Fact that adequate alternative remedy exists at law does not preclude declaratory action — Motion to dismiss is denied