ADVANCED CHIROPRACTIC AND REHABILITATION, INC. (Patient: Aldwin Brana), Plaintiff, v. ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant.
26 Fla. L. Weekly Supp. 771c Online Reference: FLWSUPP 2609BRAN Insurance — Personal injury protection — Where PIP case was stayed pending Florida Supreme Court decision in Orthopedic Specialists regarding sufficiency of insurer’s policy language to elect use of statutory fee schedules for reimbursement of PIP benefits based on medical provider’s representations that appellate ruling would be […]
EMERGENCY PHYSICIANS, INC. d/b/a EMERGENCY RESOURCES GROUP a/a/o Christina Pica, Plaintiff, vs. GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant.
26 Fla. L. Weekly Supp. 760a Online Reference: FLWSUPP 2609PICA Insurance — Personal injury protection — Venue — Forum selection clause EMERGENCY PHYSICIANS, INC. d/b/a EMERGENCY RESOURCES GROUP a/a/o Christina Pica, Plaintiff, vs. GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2017-SC-005305-O. November 1, […]
BEHNAM MYERS, D.O., P.A. a/a/o Julie Yap, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.
26 Fla. L. Weekly Supp. 674b Online Reference: FLWSUPP 2608YAP Insurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Summary judgment entered in favor of insurer BEHNAM MYERS, D.O., P.A. a/a/o Julie Yap, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and […]
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. GABLES INSURANCE RECOVERY, INC., a/a/o Luis A. Aispur, Appellee.
26 Fla. L. Weekly Supp. 709a Online Reference: FLWSUPP 2609AISP Insurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Affidavit in opposition to summary judgment, coupled with statutory fee schedules, was sufficient to raise genuine issue of material fact on issue of reasonableness of charge STATE FARM MUTUAL AUTOMOBILE […]
CEGA STRESS & ESTHETIC CENTER, INC. a/a/o Julian Martinez, Plaintiff, v. MERCURY INSURANCE COMPANY OF FLORIDA, Defendant.
26 Fla. L. Weekly Supp. 512b Online Reference: FLWSUPP 2606JMAR Insurance — Personal injury protection — Demand letter that demands ten times more than medical provider could ever hope to recover is invalid CEGA STRESS & ESTHETIC CENTER, INC. a/a/o Julian Martinez, Plaintiff, v. MERCURY INSURANCE COMPANY OF FLORIDA, Defendant. County Court, 13th Judicial Circuit […]
DOCTOR REHAB CENTER, INC., as assignee, individually & on behalf of all those similarly situated, Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, a Florida corporation, Defendant.
24 Fla. L. Weekly Supp. 936a Online Reference: FLWSUPP 2411DOCT Insurance — Personal injury protection — Deductible — 2008 version of statute requires that PIP deductible be applied to 100% of expenses before medical bills can be reduced by an insurance company DOCTOR REHAB CENTER, INC., as assignee, individually & on behalf of all those […]
A & O SERVICES, CORP. a/a/o (Chavez, Eugenio), Plaintiff, vs. STATE FARM FIRE AND CASUALTY CO., Defendant.
23 Fla. L. Weekly Supp. 174aOnline Reference: FLWSUPP 2302CHAVInsurance — Personal injury protection — Coverage — Medical expenses — Declaratory judgment — Insurer is entitled to summary judgment as to count for declaratory relief alleging that medical provider is in doubt as to rights under policy and law due to contrary information provided in explanation […]
STATE FARM FIRE AND CASUALTY COMPANY, Appellant-Defendant, v. SUNCARE PHYSICAL THERAPY, INC., a/a/o CEDROLE HENRISMA
18 Fla. L. Weekly Supp. 776a Online Reference: FLWSUPP 1809HENR Insurance — Personal injury protection — Examination under oath — EUO provision in PIP contract operates as valid condition precedent to coverage — Claims representative’s testimony that letter requesting insured’s attendance at EUO was mailed to insured and that letter was not returned by post […]
4 Fla. L. Weekly Supp. 130a Arbitration — Insurance — Personal injury protection — Dispute between insurer and medical services provider who has accepted assignment of benefits was required to be resolved by arbitration under terms of policy — Although no written assignment of benefits had been made, trial court could infer the existence of […]
OCEAN HARBOR CASUALTY INSURANCE COMPANY, Appellant, v. MEDICAL SPECIALISTS OF TAMPA BAY, LLC d/b/a GULF COAST INJURY CENTER, et al., Appellees.
26 Fla. L. Weekly Supp. 534a Online Reference: FLWSUPP 2607OCEA Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of benefits — Gratuitous payments — MRI — Where policy expressly limited payments for MRI expenses to the applicable limitations for such expenses as prescribed by No-Fault Law, trial court properly found that […]
3 Fla. L. Weekly Supp. 21a Insurance — Personal injury protection — Action brought by insured against insurer after insurer refused to satisfy claim for lost wages on ground that hospital to whom insured allegedly assigned benefits had filed claim of lien against proceeds — Error to enter summary judgment in favor of insurer where […]
2 Fla. L. Weekly Supp. 265b Insurance — Personal injury protection — Leased vehicles — Responsibility for primary coverage not shifted from lessor’s insurer where lessee was not covered by any other insurance — Lessee was not covered by policy of boyfriend’s mother for injuries sustained while driving vehicle not owned by mother — Doctrine […]
3 Fla. L. Weekly Supp. 451b Insurance — Personal injury protection — Attorney’s fees — Multiplier of two appropriate in determination of amount of attorney’s fees where claim was an undesirable PIP claim so that it would have been difficult to obtain counsel on a standard contingency fee and where chance of success was less […]
577 F.3d 816Angel L. RODRIGUEZ, Plaintiff-Appellant,v.PLYMOUTH AMBULANCE SERVICE, et al., Defendants-Appellees.No. 06-4260.United States Court of Appeals, Seventh Circuit.Argued September 19, 2008.Decided August 18, 2009. [577 F.3d 819] Tyler E. Gellasch (argued), Marc R. Kadish, Mayer Brown LLP, Chicago, IL, for Plaintiff-Appellant. Frank W. Nagorka (argued), Chicago, IL, pro se. Before POSNER, RIPPLE and EVANS, Circuit […]
69 F.3d 118433 Fed.R.Serv.3d 884Gloria Ivette CORREA, a/k/a Gloria Ivette Correa Gonzalez,et al., Plaintiffs, Appellees,v.HOSPITAL SAN FRANCISCO, Defendant, Appellant.No. 95-1167.United States Court of Appeals,First Circuit.Submitted Sept. 6, 1995.Decided Oct. 31, 1995. Page 1188 Igor J. Dominguez, on brief, Hato Rey, PR, for appellant. Kevin G. Little, Los Angeles, CA, and Law Offices of David Efron, […]
917 F.2d 26631 Soc.Sec.Rep.Ser. 459, Medicare&Medicaid Gu 39,030Clair D. CLELAND, Jr. and Janet Cleland, Co-PersonalRepresentatives of the Estate of Clair DevernCleland, III, Plaintiffs-Appellants,v.BRONSON HEALTH CARE GROUP, INC., a Michigan Corporation,Bronson Methodist Hospital, a Michigan Corporation,Individually and Doing Business as South-Western MichiganTrauma and Emergency Center of Bronson and Expresscare, andSouthwestern Michigan Emergency Service, P.C., a MichiganProfessional […]
977 F.2d 87261 USLW 2226, 39 Soc.Sec.Rep.Ser. 161,Medicare & Medicaid Guide P 40,816Barry BABER, Administrator of the Estate of Brenda Baber,Plaintiff-Appellant,v.HOSPITAL CORPORATION OF AMERICA, a West VirginiaCorporation; Hospital Corporation of America, d/b/a HCAGroup, Incorporated, Tennessee Corporation; Raleigh GeneralHospital, a West Virginia Corporation; Appalachian RegionalHealthcare, Incorporated, d/b/a Beckley Appalachian RegionalHospital, a Kentucky Corporation, Beckley AppalachianRegional Hospital; […]
289 F.3d 1162Sandra BRYANT, Successor-in-Interest to David Howard Bryant, deceased; David Wayne Bryant, Heir and Surviving Parent of David Wayne Bryant, deceased; Tom Worthy; Michael Bryant, Plaintiffs-Appellants,v.ADVENTIST HEALTH SYSTEM/WEST; Redbud Community Hospital District; Wolfgang Schug, M.D.; Robert Rosenthal; Andrew J. Dorfman; Richard Furtado, M.D.; J.J. & R. Management Group, Inc.; Adventist-Redbud Hospital, Inc.; Michael H. […]
62 F.3d 125348 Soc.Sec.Rep.Ser. 576, 95 Cal. Daily Op.Serv. 6553,95 Daily Journal D.A.R. 11,209Roland Charles EBERHARDT, Plaintiff-Appellant,v.CITY OF LOS ANGELES, Los Angeles Police Department, Defendants,andSan Pedro Peninsula Hospital and Larry Orosz, M.D.,Defendants-Appellees.No. 93-56564.United States Court of Appeals,Ninth Circuit.Argued and Submitted June 7, 1995.Decided Aug. 21, 1995. Page 1254 Ernest J. Franceschi, Jr., Los Angeles, CA, […]
1 Fla. L. Weekly Supp. 24a Torts — Damages — Reduction — Collateral source — In instant case arising out of motor vehicle accident, statute specifically relating to “any action for personal injury or wrongful death arising out of ownership, operation, use, or maintenance of motor vehicle” controls over general collateral source statute relating “to […]