INSURANCE: PIP: POLICY PROVISION THAT REIMBURSEMENTS SHALL BE SUBJECT TO LIMITATIONS IN SECTION 627.736, INCLUDING ALL FEE SCHEDULES, PROVIDED INSUREDS WITH ADEQUATE NOTICE THAT PIP INSURER WAS ELECTING TO LIMIT REIMBURSEMENTS BY USE OF FEE SCHEDULES

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Allstate Fire and Casualty Insurance v. Stand-Up MRI of Tallahassee, P.A., ___ So. 3d ___, 40 Fla. L. Weekly D693 (Fla. 1st DCA March 18, 2015)

A provision in a PIP policy that “reimbursements ‘shall’ be subject to the limitations in § 627.736 [Florida Statutes], including ‘all fee schedules,’” provided insureds with adequate notice of the carrier’s “election to … Click To Read Full Case Law Review...

INSURANCE: AUTO INSURANCE: RESCISSION: MATERIAL MISREPRESENTATION: ALTHOUGH POLICY WAS SUBJECT TO RESCISSION FOR MATERIAL MISREPRESENTATION, TRIAL COURT ERRED BY FAILING TO CONSIDER WHETHER INSURER WAIVED ITS RIGHT TO RESCIND OR CONFESSED JUDGMENT BY MAKING PIP PAYMENTS TO HEALTH CARE PROVIDERS AFTER INSURED FILED SUIT FOR BREACH OF CONTRACT: EVIDENCE OF PAYMENT OF PIP BENEFITS WAS NOT BARRED BY SECTION 90.409, FLORIDA STATUTES, BECAUSE IT WAS NOT OFFERED TO PROVE LIABILITY FOR THE INJURY OR ACCIDENT

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Echo v. MGA Insurance Company, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D442 (Fla. 1st DCA February 16, 2015)

After the plaintiff sustained injuries in a motor vehicle accident, her insurer rescinded her auto policy because her application misrepresented that she owned the accident vehicle. The plaintiff filed an action for breach of contract in which she … Click To Read Full Case Law Review...

INSURANCE: PIP: ASSIGNMENT: APPEALS: SECOND TIER CERTIORARI: CIRCUIT COURT DENIED PETITION FOR FIRST TIER CERTIORARI BECAUSE ORDER OF COUNTY COURT, REQUIRING ASSIGNEE TO ADD ASSIGNOR AS AN INDISPENSABLE PARTY, DID NOT RESULT IN IRREPARABLE HARM: DISTRICT COURT OF APPEAL DENIED PETITION FOR SECOND TIER CERTIORARI, ALTHOUGH ASSIGNOR WAS NOT AN INDISPENSABLE PARTY, BECAUSE CIRCUIT COURT DID NOT FAIL TO PROVIDE PROCEDURAL DUE PROCESS OR APPLY THE INCORRECT LAW

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Gables Insurance Recovery, Inc. v. Progressive Express Insurance Company, ___ So. 3d ___, 40 Fla. L. Weekly D96 (Fla. 3d DCA December 31, 2014)

The insured under a PIP policy gave an assignment to her radiologist, which gave an assignment to a debt collector, which sued the PIP carrier for non-payment. The carrier alleged that it paid the radiologist, who … Click To Read Full Case Law Review...

INSURANCE: PIP: ATTORNEY’S FEES: APPEALS: SECOND TIER CERTIORARI: CIRCUIT COURT, SITTING IN ITS APPELLATE CAPACITY, DEPARTED FROM THE ESSENTIAL REQUIREMENTS OF LAW BY DENYING ATTORNEY’S FEES, UNDER SECTION 627.428, FLORIDA STATUTES, TO THE INSURED’S PREVAILING ASSIGNEE

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Hialeah Medical Associates, Inc. v. United Automobile Insurance Company, ___ So. 3d ___, 39 Fla. L. Weekly D2560 (Fla. 3d DCA December 10, 2014)

Although the insured’s assignee in a PIP case prevailed on first tier certiorari in the circuit court, the circuit court denied conditional attorney’s fees to the assignee under Section 627.428, Florida Statutes. The insurer, on second … Click To Read Full Case Law Review...

INSURANCE: PIP: APPEALS: SECOND TIER CERTIORARI: CIRCUIT COURT, SITTING IN ITS APPELLATE CAPACITY, DEPARTED FROM ESSENTIAL REQUIREMENTS OF LAW BY HOLDING THAT PIP CARRIER COULD BE LIABLE FOR UNDERPAYMENT OF A HEALTHCARE PROVIDER’S BILL, AFTER ITS POLICY LIMITS WERE EXHAUSTED, IN THE ABSENCE OF BAD FAITH

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GEICO Indemnity Company v. Gables Insurance Recovery, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D2561 (Fla. 3d DCA December 10, 2014)

A healthcare provider, with an assignment from the insured, sued the PIP carrier for breach of contract based upon the underpayment of its bill. The circuit court, sitting in its appellate capacity, held that the provider could … Click To Read Full Case Law Review...