Volume 9

Case Search

ADVANTAGE MEDICAL DIAGNOSTIC, INC., (as Assignee of TAMMY TAYLOR), Plaintiff, vs. STATE FARM FIRE AND CASUALTY INSURANCE COMPANY, Defendant.

9 Fla. L. Weekly Supp. 131a

Insurance — Personal injury protection — Standing — Plaintiff which did not perform necessary medical services and is not a “physician, hospital, clinic, or other person or institution lawfully rendering treatment to an injured person for a bodily injury covered by PIP insurance” is not entitled to payment for MRI services from insurer or insured

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NORTHWEST BROWARD ORTHOPAEDIC ASSOCIATES, as assignee for Wendy Resnick, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

9 Fla. L. Weekly Supp. 723b

Insurance — Personal injury protection — Preferred provider rates — Section 627.736(10) provides the exclusive means by which an insurer can contract to pay PPO rates on Florida PIP claims — Assignee’s motion for partial summary judgment granted as to affirmative defenses based on alleged PPO contract where there is no evidence that insurer strictly complied with statute

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DR. WILLIAM B. WATERS (Christina Miller), Plaintiff, vs. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant.

9 Fla. L. Weekly Supp. 867c

Insurance — Personal injury protection — Preferred provider rates — Insurer may not reduce fees payable to medical provider because provider entered into contract with PPO organization to accept reduced rates payable under PPO policy where medical provider is assignee of insured, and insured did not have a PPO policy — Question certified: May an insurance company reduce fees payable to a doctor for medical care because the treating physician entered into a contract with a PPO organization to accept the reduced fees payable under a PPO policy, even though the patient treated did not have a PPO policy and the physician took an assignment of the insured’s rights under the policy in return for treatment?

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KIRKMAN CHIROPRACTIC, P.A., as assignee of EULA COLLINS, Plaintiff, v. PROGRESSIVE INSURANCE COMPANY, Defendant.

9 Fla. L. Weekly Supp. 779a

Insurance — Personal injury protection — Preferred provider rates — Section 627.736(10) provides the exclusive means by which an insurer can contract to pay PPO rates on Florida PIP claims — Assignee’s motion for partial summary judgment granted as to affirmative defenses based on alleged PPO contract where insurer failed to enter into contract directly with assignee, failed to provide an option to insured to use a PPO policy, and failed to provide insured with a current roster of preferred providers in the county where she resided at the time of purchase of the PIP policy

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KIRKMAN CHIROPRACTIC, P.A., as assignee of JENNIFER T. BOYETTE, Plaintiff, v. NATIONWIDE ASSURANCE COMPANY, Defendant.

9 Fla. L. Weekly Supp. 775a

Insurance — Personal injury protection — Preferred provider rates — Section 627.736(10) provides the exclusive means by which an insurer can contract to pay PPO rates on Florida PIP claims — Assignee’s motion for partial summary judgment granted as to affirmative defenses based on alleged PPO contract where insurer failed to enter into contract directly with assignee, failed to provide an option to insured to use a PPO policy, and failed to provide insured with a current roster of preferred providers in the county where she resided at the time of purchase of the PIP policy

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