MIAMI BEACH NATURAL SPORTS MEDICINE, INC. D/B/A MIAMI BEACH FAMILY & SPORTS CHIROPRACTIC CENTER, A FLORIDA CORP. (a/a/o Chavez, Francisco), Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant.
25 Fla. L. Weekly Supp. 1028a Online Reference: FLWSUPP 2512CHAV Insurance — Personal injury protection — Affirmative defenses — Accord and satisfaction — Common law accord and satisfaction was not effectuated where insurer believed it was paying full amount of its obligation when it tendered checks, and there was no mutual intent to effect settlement […]
GONZALEZ MEDICAL CENTER a/a/o Madelayne Interian, Plaintiff, v. INFINITY AUTO INSURANCE COMPANY, Defendant.
25 Fla. L. Weekly Supp. 1039a Online Reference: FLWSUPP 2512INTE Insurance — Personal injury protection — Coverage — Conditions precedent — Examination under oath — Where both PIP statute and policy provide that EUO is condition precedent to receipt of benefits, neither insured who failed to appear at two scheduled EUOs nor medical provider/assignee is […]
25 Fla. L. Weekly Supp. 980a Online Reference: FLWSUPP 2511TURK Insurance — Personal injury protection — Coverage — Lost wages — Bodily injury “arising out of” ownership, maintenance or use of vehicle — Plaintiff who was shot by police while he was occupying and using his car, which was parked in his driveway with the […]
DIANA LEZCANO, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a Florida Corporation, Defendant.
25 Fla. L. Weekly Supp. 977a Online Reference: FLWSUPP 2511LEZC Insurance — Personal injury protection — Demand letter — No merit to argument that insured who assigned her PIP benefits to medical provider had no authority to submit demand letter to insurer — Nothing in PIP statute requires particular entity to send demand letter — […]
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 […]
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 […]
1 Fla. L. Weekly Supp. 335d Insurance — Personal injury protection — Denial of coverage — Jury was properly instructed on issue of whether insured unreasonably withheld from insurer notice of existence of PIP claim — Argument — Remarks by defense counsel that insured never had to pay a penny out of her pocket and […]
1 Fla. L. Weekly Supp. 507b Insurance — Lapse of coverage — Absence of automatic renewal — Issue certified as one of great public importance GENE PRESTON SCOTT, Appellant, vs. SAFEWAY INSURANCE COMPANY, Appellee. 11th Judicial Circuit in and for Dade County, Appellate Division. Case No. 92-362 AP. Opinion filed Aug. 13, 1993. Appeal from […]