Volume 27

27 Fla. L. Weekly Supp. 62a

Online Reference: FLWSUPP 2701FOREInsurance — Personal injury protection — Demand letter — Sufficiency — PIP statute does not require that demand letter state exact amount owed by insurer

27 Fla. L. Weekly Supp. 1048a

Online Reference: FLWSUPP 2712MCFAInsurance — Personal injury protection — Demand letter — Sufficiency — By attaching itemized statement to demand letter, medical provider satisfied statutory condition precedent of section 627.736(10) — PIP statute does not require that demand letter state exact amount owed by insurer — Demand letter is not invalid for stating amount that differs from jurisdictional amount set forth in statement of claim of later-filed suit

27 Fla. L. Weekly Supp. 479a

Online Reference: FLWSUPP 2705IVIECriminal law — Driving under influence — Search and seizure — Blood draw — Consent — Where defendant gave consent for blood draw, defendant’s subsequent attempt to thwart testing of blood samples by withdrawing her consent after blood samples were taken was ineffective — Motion to suppress is denied

27 Fla. L. Weekly Supp. 314c

Online Reference: FLWSUPP 2703EMILInsurance — Personal injury protection — Where PIP case was litigated to final judgment in favor of medical provider on sole issue of sufficiency of insurer’s policy language to elect use of statutory fee schedules for reimbursement of PIP benefits, final judgment was reversed and remanded upon issuance of the Florida Supreme Court’s opinion in Orthopedic Specialists, and provider raised issue regarding application of deductible only after appellate case was decided adversely to provider’s position, motion to strike provider’s motion for summary judgment on deductible issue is granted and summary judgment is entered in favor of insurer

27 Fla. L. Weekly Supp. 1050a

Online Reference: FLWSUPP 2712OLIVInsurance — Personal injury protection — Coverage — Rental vehicle involved in accident outside of Florida — Where claimant was involved in accident in rental vehicle driven by her resident relative outside of Florida, renter was not titled owner of vehicle, and vehicle was not subject of lease with option to purchase or security agreement, rental company is not required to provide PIP coverage to renter or passengers under PIP statute’s limitations on coverage for accidents occurring outside state

27 Fla. L. Weekly Supp. 1008b

Online Reference: FLWSUPP 2712SAUVInsurance — Personal injury protection — Inconsistent jury verdict — Trial court erred in denying insurer’s objection to inconsistent verdict finding more treatments to be related and medically necessary than were shown in medical records — Failure of trial court to send matter back to jury to correct verdict requires new trial

27 Fla. L. Weekly Supp. 127b

Online Reference: FLWSUPP 2702ETIENOT FINAL VERSION OF OPINION
Subsequent Changes at 27 Fla. L. Weekly Supp. 345aInsurance — Personal injury protection — Coverage — Owner of vehicle for which security was required by law — Trial court erred in ruling that vehicle owned by injured claimant did not have to be registered and insured at time of accident because vehicle was parked awaiting resale and was no longer being driven at that time — Law required that security be maintained on vehicle that had been driven on roads of state continuously throughout registration or licensing period that extended through date of accident

27 Fla. L. Weekly Supp. 853a

Online Reference: FLWSUPP 2710PHERInsurance — Personal injury protection — Coverage — Owner of vehicle for which security was required by law — To prove policy exclusion for person who owned vehicle for which security was required by law, insurer was required to prove that vehicle was actually operated on roads of state during relevant registration period, not mere operability — Error to enter summary judgment in favor of insurer where insurer failed to prove what registration period was during relevant time or that vehicle owned by claimant was actually operated during that period

27 Fla. L. Weekly Supp. 384a

Online Reference: FLWSUPP 2704CAMPInsurance — Personal injury protection — Coverage — Owner of vehicle for which security was required by law — Registration and security was not required for vehicle owned by claimant/passenger where claimant did not operate vehicle on roads of state prior to accident at issue — Claimant was covered under insured’s PIP policy

27 Fla. L. Weekly Supp. 73b

Online Reference: FLWSUPP 2701DAVIInsurance — Personal injury protection — Venue — Forum selection clause