Volume 5

5 Fla. L. Weekly Supp. 201b

Insurance — Personal injury protection — Error to overrule objection to closing argument in which insurer’s attorney told jury it was their task to decide whether action involved medical claim or claim manufactured by a lawyer — Evidence — Routine practice — Error to permit insurer’s claims specialist to testify over objection that it was insurer’s philosophy generally to pay medical bills in PIP cases and that, in fact, the company paid 99% of all such claims — Evidence was irrelevant to issue of whether medical bills in instant case should have been paid — Prejudicial value was great when coupled with accusation that counsel manufactured the case — New trial required

5 Fla. L. Weekly Supp. 483a

Attorney’s fees — Insurance — Personal injury protection — Arbitration — Defendant was prevailing party and was entitled to attorney’s fees where plaintiff withdrew from court-ordered arbitration

5 Fla. L. Weekly Supp. 413a

Arbitration — Insurance — Personal injury protection — Insurer waived right to compel arbitration by actively litigating claim for benefits allegedly due under policy, by answering complaint, asserting affirmative defenses, and engaging in discovery

5 Fla. L. Weekly Supp. 284b

Insurance — Personal injury protection — Error to abate insured’s action against insurer pending arbitration — Statute requiring arbitration of dispute between insurer and health care provider who has accepted assignment of PIP benefits does not apply to dispute between insured and insurer — Neither “Authorization to Pay Provider” executed by insured nor health insurance claim form constituted assignment — Fact that health care provider filled out claim form and sent it to insurance company not sufficient to establish assignment

5 Fla. L. Weekly Supp. 207b

Insurance — Arbitration — Personal injury protection — Arbitration of dispute between insurer and medical provider to whom insured had assigned PIP benefits was required under terms of policy — Insured’s revocation of assignment was untimely where insurer did not receive revocation until after insured and his attorneys became aware that insurer intended to pursue arbitration rights

5 Fla. L. Weekly Supp. 520b

Insurance — Personal injury protection — Arbitration — Once insured assigned benefits to medical provider, and insurer made payments directly to medical provider which provider accepted, all parties were committed to the arbitration process, and arbitration could not be waived without consent of insured, insurer, and medical provider — Right to sue not revived in instant case by insured’s revocation of assignment after insurer had begun making payments directly to provider — Trial court properly dismissed insured’s suit against insurer for lack of subject matter jurisdiction

5 Fla. L. Weekly Supp. 25a

Insurance — Contracts — Arbitration — Action by health care provider as assignee of benefits from insured involved in motor vehicle accident — Statute mandating that insurers include in policy for PIP benefits a provision for binding arbitration not unconstitutional — Health care provider, as assignee of insured, may be compelled to submit to binding arbitration, as lack of privity of contract is insignificant where provider voluntarily accepted assignment of benefits — Statute requires mandatory binding arbitration — Questions certified: Whether F.S. 627.736(5), which provides for arbitration of claim disputes between an insurer and a health care provider, is an unconstitutional infringement on a litigant’s right of access to the courts as guaranteed under Article I, Section 21 of the Florida Constitution? — Whether the arbitration provision of F.S. 627.736(5) mandates arbitration in the absence of a voluntary agreement between the parties? — Whether the arbitration provision of F.S. 627.736(5) requires an insurer and a health care provider to submit to mandatory binding arbitration if a dispute arises?

5 Fla. L. Weekly Supp. 556b

Arbitration — Insurance — Section of personal injury protection statute requiring binding arbitration where there is valid assignment between medical provider and insured is constitutional and enforceable against medical provider — Defendant’s several filings in case, including requests for discovery, were inconsistent with subsequent demand to arbitrate and amounted to waiver of right — Court retains subject matter jurisdiction

5 Fla. L. Weekly Supp. 564a

Insurance — Personal injury protection — Arbitration — Assignment of benefits to medical provider — Motion to dismiss and/or compel arbitration arising out of insured’s action against insurer to enforce terms of PIP policy after insurer refused to pay certain amounts to health care provider — Section 627.736(5), which provides that upon accepting assignment of insured’s right to have benefits paid directly to insured, medical providers must resolve claims disputes with insurance company through binding arbitration, requires only assignment of benefits, not all contractual rights — Benefits, in context of statute, clearly refers to payments due insured from insurer pursuant to policy — Claims dispute, as contemplated by statute, refers to situation where insurance company has agreed that treatment given by medical provider is covered under policy, but insurer disputes dollar amount of charges as being unreasonable — If insured executes an assignment of benefits so that medical provider is paid directly for treatment for bodily injury covered by PIP insurance, and insurer disputes reasonableness of amount that medical provider has charged, this would constitute “claims dispute,” and pursuant to section 627.736(5) must be decided by binding arbitration between insurance company and medical provider — Where insurer refuses to pay any of medical expenses incurred, based upon belief that treatment is not covered under policy, insured must be allowed to assert any contractual rights insured may have pursuant to policy — Insurer’s motion to dismiss and/or compel arbitration denied

5 Fla. L. Weekly Supp. 580a

Insurance — Arbitration