INSURANCE: PIP: CONDITION PRECEDENT: EXAMINATION UNDER OATH: 2012 AMENDMENT TO PIP STATUTE IS NOT RETROACTIVE

Nunez v. GEICO General Insurance Company, ___ So. 3d ___, 38 Fla. L. Weekly S440 (Fla. June 27, 2013)

A condition in an automobile insurance policy requiring an insured to submit to an examination under oath as a condition precedent to the recovery of PIP benefits violates Section 627.736, Florida Statutes, which is designed to promote “swift and virtually automatic … Click To Read Full Case Law Review...

INSURANCE: PIP: OBSOLETE CPT BILLING CODE FOR SERVICE STILL COVERED BY MEDICARE PART B

Allstate Fire & Casualty Insurance Company v. Perez, ___ So. 3d ___, 38 Fla. L. Weekly D915 (Fla. 2d DCA April 24, 2013)

Under Section 627.736, Florida Statutes, a PIP carrier has the option of making payment to healthcare providers based on a reasonable amount or the amount reimbursable under Medicare Part B.  Alternatively, if the service is not reimbursable Click To Read Full Case Law Review...