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

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: PIP: CIVIL PROCEDURE: REQUEST FOR ADMISSIONS: SUMMARY JUDGMENT: TRIAL COURT ABUSED ITS DISCRETION BY GRANTING THE PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT BASED UPON THE DEFENDANT’S BELATED RESPONSE TO THE PLAINTIFF’S REQUEST FOR ADMISSIONS BECAUSE THE DEFENDANT FILED A TIMELY MOTION FOR RELIEF FROM ITS TECHNICAL ADMISSIONS, AND THE PLAINTIFF FAILED TO SHOW THAT IT WAS PREJUDICED BY THE BELATED RESPONSE: IF THE ADVERSE PARTY IS NOT PREJUDICED, RELIEF FROM TECHNICAL ADMISSIONS MAY BE GRANTED FOR MERE INADVERTENCE: A SHOWING OF EXCUSABLE NEGLECT IS UNNECESSARY: THE RULE THAT A PARTY MAY NOT FILE AN AFFIDAVIT TO REPUDIATE PRIOR DEPOSITION TESTIMONY IN ORDER TO DEFEAT A MOTION FOR SUMMARY JUDGMENT DOES NOT APPLY TO TECHNICAL ADMISSIONS UNDER FLA. R. CIV. P. 1.370: APPEALS: SECOND TIER CERTIORARI

United Automobile Insurance Company v. West Hollywood Pain & Rehabilitation Center, ___ So. 3d ___, 39 Fla. L. Weekly D2178 (Fla. 4th DCA October 15, 2014)

The county court entered summary judgment for the plaintiff in a PIP case based upon the defendant’s belated response to the plaintiff’s request for admissions.  As a result of inadvertence, the defendant’s response … Click To Read Full Case Law Review...

INSURANCE: PIP: INSURER WAS NOT ENTITLED TO CONDITION PAYMENT TO CHIROPRACTOR UPON PRODUCTION OF RECORDS NOT REQUIRED BY SECTION 627.736(6)(b), FLORIDA STATUTES: INSURER COULD NOT DIVEST TRIAL COURT OF SUBJECT MATTER JURISDICTION BY PAYING BILLS AND WITHDRAWING ITS REQUEST FOR PRODUCTION OF DOCUMENTS: INSURER CONFESSED JUDGMENT BY PAYING BILLS AFTER CHIROPRACTOR FILED COUNTERCLAIM FOR DECLARATORY JUDGMENT: CHIROPRACTOR WITH ASSIGNMENT FROM INSURED WAS ENTITLED TO ATTORNEY’S FEES UNDER SECTION 627.728, FLORIDA STATUTES, TO EXTENT OF PAYMENTS MADE AFTER COUNTERCLAIM WAS FILED

Tampa Chiropractic Center, Inc. v. State Farm Mutual Automobile Insurance Co., ___ So. 3d ___, 39 Fla. L. Weekly D1441 (Fla. 5th DCA July 11, 2014)

The PIP carrier refused to pay a chiropractic center’s bills until it produced “documents relating to the ownership and management of the clinic, tax information, and copies of the clinic’s leases.”  In addition, … Click To Read Full Case Law Review...

INSURANCE: PIP, AMENDMENT, RETROACTIVITY

GEICO Indemnity Co. v. Physicians Group, LLC, ___ So. 3d ___, 35 Fla. L. Weekly D2448 (Fla. 2d DCA 11/3/10)

In 2008, the PIP statute was amended to authorize insurers to make reduced payments for nonemergency, nonhospital services.  The court held that the amendment did not apply retroactively to an insurance policy that expired before the effective date of the … Click To Read Full Case Law Review...

Insurance: PIP, Paper IME

Porras v. United Automobile Insurance Company, ___ So. 3d ___, 35 Fla. L. Weekly D2280 (Fla. 3d DCA 10/13/10)

The Third District Court of appeal followed a long line of its own decisions upholding the validity of paper IMEs in PIP cases.  A paper IME is one based upon a review of the insured’s medical records rather than a … Click To Read Full Case Law Review...