• Post category:Volume 22

COMMERCIAL WATER AND MOLD, LLC A/A/O STACY HENRY AND MONICA HENRY, Plaintiff, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant.

22 Fla. L. Weekly Supp. 377a

Online Reference: FLWSUPP 2203HENRInsurance -- Property -- Deductible -- For purpose of determining extent of insurer's obligation to pay plaintiff for loss to covered property, deductible is not to be applied to uncovered loss -- Insurer cannot choose to apply deductible to loss that it claims is not covered loss unless it concedes coverage for loss -- No merit to argument that, even if plaintiff prevails on coverage issue, it will be unable to recover judgment for damages because insurer will then apply deducible, as plaintiff will be entitled to attorney's fees for prevailing on coverage issue

Continue ReadingCOMMERCIAL WATER AND MOLD, LLC A/A/O STACY HENRY AND MONICA HENRY, Plaintiff, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant.
  • Post category:Volume 22

ROYAL CARE MEDICAL CENTER A/A/O SAMANTHA GONZALEZ, Plaintiff, v. ESURANCE PROPERTY & CASUALTY INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 948a

Online Reference: FLWSUPP 2208GONZInsurance -- Personal injury protection -- Coverage -- Medical expenses -- Deductible -- Where PIP policy clearly elects to pay pursuant to permissive statutory fee schedule, insurer properly applied fee schedule to bills before applying deductible

Continue ReadingROYAL CARE MEDICAL CENTER A/A/O SAMANTHA GONZALEZ, Plaintiff, v. ESURANCE PROPERTY & CASUALTY INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

BETTER CHIROPRACTIC AND REHAB CENTER LLC a/a/o SHELDA EXANTUS, Plaintiff, vs. GEICO INDEMNITY COMPANY, Defendant.

22 Fla. L. Weekly Supp. 378b

Online Reference: FLWSUPP 2203EXANInsurance -- Personal injury protection -- Deductible -- PIP insurer properly reduced medical bills by applying Medicare fee schedule before applying deductible

Continue ReadingBETTER CHIROPRACTIC AND REHAB CENTER LLC a/a/o SHELDA EXANTUS, Plaintiff, vs. GEICO INDEMNITY COMPANY, Defendant.
  • Post category:Volume 22

BAYFRONT HEALTH EDUCATION AND RESEARCH ORGANIZATION INC., Plaintiff, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 934a

Online Reference: FLWSUPP 2208BAYFInsurance -- Personal injury protection -- Coverage -- Medical expenses -- Deductible -- No merit to argument that insurer was required to apply deductible to 100% of medical provider's billed expenses -- Deductible is required to be applied to 100% of provider's reasonable expenses -- Insurer that did not unambiguously elect permissive statutory fee schedule in PIP policy is not entitled to limit reimbursement to fee schedule -- Insurer is nonetheless entitled to prove that it paid only reasonable, necessary and related expenses

Continue ReadingBAYFRONT HEALTH EDUCATION AND RESEARCH ORGANIZATION INC., Plaintiff, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

BETHESDA MEMORIAL HOSPITAL (a/a/o Markeith Donnally), Plaintiff, vs. GEICO GENERAL INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 1097a

Online Reference: FLWSUPP 2209DONNInsurance -- Personal injury protection -- Deductible -- Proper formula for payment of PIP claim requires that statutory reductions be applied to billing amount before deductible is subtracted from resulting amount

Continue ReadingBETHESDA MEMORIAL HOSPITAL (a/a/o Markeith Donnally), Plaintiff, vs. GEICO GENERAL INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

M & M MEDICAL CENTER, INC., A Florida Corporation, Assignee of Alexandra Martinez, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 378a

Online Reference: FLWSUPP 2203MARTInsurance -- Personal injury protection -- Deductible -- Proper formula for payment of PIP claim requires that deductible be subtracted from total billing amount before statutory reductions are applied

Continue ReadingM & M MEDICAL CENTER, INC., A Florida Corporation, Assignee of Alexandra Martinez, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

EMERGENCY MEDICAL ASSOCIATES OF TAMPA BAY, L.L.C., as assignee of Kimberly V. Peek, Plaintiff, v. GEICO INDEMNITY COMPANY, Defendant.

22 Fla. L. Weekly Supp. 1070a

Online Reference: FLWSUPP 2209PEEKInsurance -- Personal injury protection -- Coverage -- Emergency services -- Deductible -- Because insurer is mandated by statute to reserve $5,000 for emergency service providers, insurer should not have applied claim by plaintiff provider within that classification to deductible

Continue ReadingEMERGENCY MEDICAL ASSOCIATES OF TAMPA BAY, L.L.C., as assignee of Kimberly V. Peek, Plaintiff, v. GEICO INDEMNITY COMPANY, Defendant.
  • Post category:Volume 22

EMERGENCY MEDICAL ASSOCIATES OF FLORIDA, L.L.C., as assignee of Janith Suddath, Plaintiff, v. MERCURY INSURANCE COMPANY OF FLORIDA, Defendant.

22 Fla. L. Weekly Supp. 609a

Online Reference: FLWSUPP 2205SUDDInsurance -- Personal injury protection -- Coverage -- Emergency services -- Deductible -- Because insurer is mandated by statute to reserve $5,000 for emergency service providers, insurer should not have applied claim by plaintiff provider within that classification to deductible

Continue ReadingEMERGENCY MEDICAL ASSOCIATES OF FLORIDA, L.L.C., as assignee of Janith Suddath, Plaintiff, v. MERCURY INSURANCE COMPANY OF FLORIDA, Defendant.
  • Post category:Volume 22

EMERGENCY MEDICAL ASSOCIATES OF FLORIDA, LLC as Assignee of RECY COCHRAN, Appellant, vs. ALLSTATE INDEMNITY COMPANY, Appellee.

22 Fla. L. Weekly Supp. 535a

Online Reference: FLWSUPP 2205COCHInsurance -- Personal injury protection -- Coverage -- Emergency services -- Deductible -- Because insurer is mandated by statute to reserve $5,000 for emergency service providers, trial court erred in finding that insurer was correct in applying emergency service provider's claim to deductible

Continue ReadingEMERGENCY MEDICAL ASSOCIATES OF FLORIDA, LLC as Assignee of RECY COCHRAN, Appellant, vs. ALLSTATE INDEMNITY COMPANY, Appellee.
  • Post category:Volume 22

EMERGENCY MEDICINE PROFESSIONALS, P.A., as assignee of Kayla Bundy, Plaintiff, v. FIRST ACCEPTANCE INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 479a

Online Reference: FLWSUPP 2204KBUNInsurance -- Personal injury protection -- Coverage -- Emergency services -- Deductible -- Because insurer is mandated by statute to reserve $5,000 for emergency service providers, insurer should not have applied claim by plaintiff provider within that classification to deductible

Continue ReadingEMERGENCY MEDICINE PROFESSIONALS, P.A., as assignee of Kayla Bundy, Plaintiff, v. FIRST ACCEPTANCE INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

DIRECT GENERAL INSURANCE COMPANY, Appellant, vs. EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLC a/a/o Tina Watts, Appellee.

22 Fla. L. Weekly Supp. 209c

Online Reference: FLWSUPP 2202WATTInsurance -- Personal injury protection -- Coverage -- Emergency services -- Deductible -- Because insurer is mandated by statute to reserve $5,000 for emergency medical service providers, insurer should not have applied claim filed by medical provider within that classification to deductible

Continue ReadingDIRECT GENERAL INSURANCE COMPANY, Appellant, vs. EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLC a/a/o Tina Watts, Appellee.
  • Post category:Volume 22

DIRECT GENERAL INSURANCE COMPANY, Appellant, vs. EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLC a/a/o Oriol Saintilma, Appellee.

22 Fla. L. Weekly Supp. 209b

Online Reference: FLWSUPP 2202SAINInsurance -- Personal injury protection -- Coverage -- Emergency services -- Deductible -- Because insurer is mandated by statute to reserve $5,000 for emergency medical service providers, insurer should not have applied claim filed by medical provider within that classification to deductible

Continue ReadingDIRECT GENERAL INSURANCE COMPANY, Appellant, vs. EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLC a/a/o Oriol Saintilma, Appellee.
  • Post category:Volume 22

EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLP, as assignee of Abigail Pelletier, Plaintiff, v. METROPOLITAN CASUALTY INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 164a

Online Reference: FLWSUPP 2201PELLInsurance -- Personal injury protection -- Coverage -- Emergency services -- Deductible -- Because insurer is mandated by statute to reserve $5,000 for emergency service providers, insurer should not have applied claim by plaintiff provider within that classification to deductible

Continue ReadingEMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLP, as assignee of Abigail Pelletier, Plaintiff, v. METROPOLITAN CASUALTY INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

SUNSET MEDICAL GROUP, INC. a/a/o SONIA M. PIMENTEL, Plaintiff, v. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 129c

Online Reference: FLWSUPP 2201PIMEInsurance -- Personal injury protection -- Declaratory actions -- Complaint seeking declaration as to scope of coverage under policy and PIP statute when medical record contains conflicting opinions as to whether insured had emergency medical condition meets requirements for declaratory action -- Motion to dismiss is denied

Continue ReadingSUNSET MEDICAL GROUP, INC. a/a/o SONIA M. PIMENTEL, Plaintiff, v. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

ADVANTAGE HEALTH & WELLNESS CENTER, LLC, a Florida Corporation assignee of Slone, Cassandra, Plaintiff, v. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 749b

Online Reference: FLWSUPP 2206SLONInsurance -- Personal injury protection -- Coverage -- Emergency medical condition -- Declaratory action -- Question as to whether, under PIP statute, reimbursement limit of $10,000 or $2,500 is applicable when record is silent as to existence of emergency medical condition is appropriate matter for declaratory relief -- Motion to dismiss denied

Continue ReadingADVANTAGE HEALTH & WELLNESS CENTER, LLC, a Florida Corporation assignee of Slone, Cassandra, Plaintiff, v. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

RAYMOND D. CLITES, DC, PA a/a/o McKenzie Klemkosky, Plaintiff, v. USAA GENERAL IND. CO., Defendant.

22 Fla. L. Weekly Supp. 967b

Online Reference: FLWSUPP 2208MKLEInsurance -- Personal injury protection -- Declaratory actions -- Motion to dismiss declaratory action on ground that PIP policy was not attached to complaint is denied where action was filed by medical provider not typically in possession of policy, and insurer denied provider's pre-suit request for policy -- Motion to dismiss on ground that insured is minor who lacks capacity to assign benefits is denied -- Provider's motion to amend complaint to more specifically allege equitable assignment is granted

Continue ReadingRAYMOND D. CLITES, DC, PA a/a/o McKenzie Klemkosky, Plaintiff, v. USAA GENERAL IND. CO., Defendant.
  • Post category:Volume 22

MARTINEZ CHIROPRACTIC CENTER, INC. A/A/O MARCELLA DUQUE, Plaintiff, vs. MERCURY INDEMNITY COMPANY OF AMERICA, Defendant.

22 Fla. L. Weekly Supp. 447c

Online Reference: FLWSUPP 2204DUQUInsurance -- Personal injury protection -- Coverage -- Medical expenses -- Emergency medical condition -- Amended complaint seeking declaratory relief regarding emergency medical condition provision in PIP statute denied, as complaint fails to make any allegations about plaintiff's doubts concerning its rights or privileges and fails to allege plaintiff's entitlement to have such doubts removed

Continue ReadingMARTINEZ CHIROPRACTIC CENTER, INC. A/A/O MARCELLA DUQUE, Plaintiff, vs. MERCURY INDEMNITY COMPANY OF AMERICA, Defendant.
  • Post category:Volume 22

AMERICAN INJURY CENTERS, INC. (A/A/O RICHARD BONNER), Plaintiff, vs. USAA GENERAL INDEMNITY COMPANY, Defendant.

22 Fla. L. Weekly Supp. 1085a

Online Reference: FLWSUPP 2209BONNInsurance -- Complaint -- Amendment -- Motion to amend complaint to substitute separate corporate entity as defendant is denied -- Summary judgment is granted in favor of insurer that did not issue policy at issue

Continue ReadingAMERICAN INJURY CENTERS, INC. (A/A/O RICHARD BONNER), Plaintiff, vs. USAA GENERAL INDEMNITY COMPANY, Defendant.
  • Post category:Volume 22

TURNER ORTHOPEDICS, PA A/A/O ESTELLE FUTRELL, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 1082c

Online Reference: FLWSUPP 2209FUTRInsurance -- Personal injury protection -- Standing -- Assignment -- No merit to insurer's contention that, because insured assigned benefits to both physician individually and professional association owned by physician, association lacks standing to bring suit for PIP benefits -- Summary judgment is precluded by disputed issues of material fact as to whether physician or association maintains standing to bring action and whether insured intended to assign benefits to physician or to association -- Complaint -- Amendment -- Leave is granted to amend complaint to name physician as plaintiff

Continue ReadingTURNER ORTHOPEDICS, PA A/A/O ESTELLE FUTRELL, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

CALLAHAN CHIROPRACTIC A/A/O DANNY D. LUCE, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendants.

22 Fla. L. Weekly Supp. 1062c

Online Reference: FLWSUPP 2209LUCEInsurance -- Complaint -- Amendment -- Leave to amend complaint to correct misnomer in characterization of plaintiff is granted where amendment does not seek to add new party or cause of action

Continue ReadingCALLAHAN CHIROPRACTIC A/A/O DANNY D. LUCE, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendants.
  • Post category:Volume 22

CALLAHAN CHIROPRACTIC A/A/O KATHY SAMSON, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendants.

22 Fla. L. Weekly Supp. 1062a

Online Reference: FLWSUPP 2209SAMSInsurance -- Complaint -- Amendment -- Leave to amend complaint to correct misnomer in characterization of plaintiff is granted where amendment does not seek to add new party or cause of action

Continue ReadingCALLAHAN CHIROPRACTIC A/A/O KATHY SAMSON, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendants.
  • Post category:Volume 22

CALLAHAN CHIROPRACTIC A/A/O JAMIE D. WILLIAMS, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendants.

22 Fla. L. Weekly Supp. 1061b

Online Reference: FLWSUPP 2209WILLInsurance -- Complaint -- Amendment -- Leave to amend complaint to correct misnomer in characterization of plaintiff is granted where amendment does not seek to add new party or cause of action

Continue ReadingCALLAHAN CHIROPRACTIC A/A/O JAMIE D. WILLIAMS, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendants.
  • Post category:Volume 22

CENTEX HOMES, a Nevada general Partnership, and CENTEX REAL ESTATE CORPORATION, Defendants/Third Party Plaintiffs, v. BUILDERS FIRSTSOURCE-FLORIDA, LLC and LIBERTY MUTUAL FIRE INSURANCE COMPANY, Third Party Defendants.

22 Fla. L. Weekly Supp. 813a

Online Reference: FLWSUPP 2207CENTInsurance -- Commercial general liability insurer of subcontractor responsible for window installation on construction project owed duty to defend general contractor against action for property damage caused by defects in window installation where general contractor is additional insured under policy -- Insurer who did not agree to defend general contractor is jointly and severally liable for all attorney's fees and costs incurred by contractor, including pre-tender fees

Continue ReadingCENTEX HOMES, a Nevada general Partnership, and CENTEX REAL ESTATE CORPORATION, Defendants/Third Party Plaintiffs, v. BUILDERS FIRSTSOURCE-FLORIDA, LLC and LIBERTY MUTUAL FIRE INSURANCE COMPANY, Third Party Defendants.
  • Post category:Volume 22

PAN AM DIAGNOSTIC SERVICES, INC., d/b/a WIDE OPEN MRI aao RAY ADDERLY, Plaintiffs, vs. EQUITY INSURANCE COMPANY and WINDHAVEN MANAGERS, INC., Defendants.

22 Fla. L. Weekly Supp. 814a

Online Reference: FLWSUPP 2207ADDEInsurance -- Personal injury protection -- Class actions -- Injunctions -- Injunctive relief is not available to redress withholding of PIP benefits -- Class action for PIP benefits is inappropriate due to pre-suit demand letter requirement -- Plaintiff may pursue action for PIP benefits individually after satisfaction of demand letter requirement

Continue ReadingPAN AM DIAGNOSTIC SERVICES, INC., d/b/a WIDE OPEN MRI aao RAY ADDERLY, Plaintiffs, vs. EQUITY INSURANCE COMPANY and WINDHAVEN MANAGERS, INC., Defendants.
  • Post category:Volume 22

PROGRESSIVE HEALTH SERVICES, INC., Plaintiff, v. SECURITY NATIONAL INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 816a

Online Reference: FLWSUPP 2207PROGInsurance -- Personal injury protection -- Deductible -- Class action alleging insurer improperly applied deductible to bills of proposed class of medical providers -- Necessary and individualized determinations of reasonableness of bills of each medical provider in proposed class and each provider's compliance with pre-suit demand letter requirement renders action inappropriate for class action treatment -- Motion to dismiss is granted as to class allegations but denied as to individual claims

Continue ReadingPROGRESSIVE HEALTH SERVICES, INC., Plaintiff, v. SECURITY NATIONAL INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

GLASSMAX, INC., a/a/o Juan Vega, Plaintiff, v. STATE FARM FLORIDA INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 1082b

Online Reference: FLWSUPP 2209VEGAInsurance -- Automobile -- Windshield repair -- Timeliness of payment -- Amended complaint in windshield repair service's action against insurer fails to plead allegations that would create material breach of insurance contract based on timeliness of payment where undisputed facts establish that there is no “time is of the essence” clause in contract, and plaintiff did not make sufficient demand for payment

Continue ReadingGLASSMAX, INC., a/a/o Juan Vega, Plaintiff, v. STATE FARM FLORIDA INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

MARK LUSNIA, as assignee of-for Ellen Opalecky, d/b/a ATLAS AUTO GLASS, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., Defendant.

22 Fla. L. Weekly Supp. 825b

Online Reference: FLWSUPP 2207LUSNInsurance -- Automobile -- Action for balance of claim for windshield replacement paid at reduced rate -- Count alleging breach of contract by failing to pay claim within reasonable time is dismissed with prejudice -- Plaintiff has not alleged any policy term or statutory provision governing timeliness of payment for windshield loss claims -- Count alleging breach of contract by failing to pay appropriate and adequate amount on claim is dismissed without prejudice where plaintiff has failed to allege policy terms breached -- Plaintiff is not required to allege specific amount due and need only allege general damages unless he has items of special damages -- Count seeking declaratory judgment as to propriety of insurer's competitive bid process is dismissed without prejudice, as plaintiff has failed to allege necessary elements of declaratory action

Continue ReadingMARK LUSNIA, as assignee of-for Ellen Opalecky, d/b/a ATLAS AUTO GLASS, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., Defendant.
  • Post category:Volume 22

BROWARD INSURANCE RECOVERY CENTER LLC a/a/o Edgar Garcia, Plaintiff, v. TRAVELERS INDEMNITY COMPANY, Defendant.

22 Fla. L. Weekly Supp. 854a

Online Reference: FLWSUPP 2207GARCInsurance -- Automobile -- Claim that defendant is not insurer for plaintiff's assignee is not grounds for motion to dismiss and should be raised, instead, as affirmative defense

Continue ReadingBROWARD INSURANCE RECOVERY CENTER LLC a/a/o Edgar Garcia, Plaintiff, v. TRAVELERS INDEMNITY COMPANY, Defendant.
  • Post category:Volume 22

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. COLLISION CONCEPTS, INC., A/A/O JOHN BROWER, Respondent. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. COLLISION CONCEPTS, INC., A/A/O TRACY PARSONS, Respondent. Case Nos. 502014CA007531XXXXMB & 502014CA007600XXXXMB. L.T. Case Nos. 502012SC009988XXXXMB & 502012SC009995XXXXMB.

22 Fla. L. Weekly Supp. 792a

Online Reference: FLWSUPP 2207BROWInsurance -- Automobile -- Discovery -- Trade secret privilege -- Trial court departed from essential requirements of law in compelling disclosure of competitive pricing survey relied upon by insurer in making estimate of cost of automobile repair work without determining whether survey constituted trade secret and, if so, whether there was reasonable necessity for production

Continue ReadingSTATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. COLLISION CONCEPTS, INC., A/A/O JOHN BROWER, Respondent. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. COLLISION CONCEPTS, INC., A/A/O TRACY PARSONS, Respondent. Case Nos. 502014CA007531XXXXMB & 502014CA007600XXXXMB. L.T. Case Nos. 502012SC009988XXXXMB & 502012SC009995XXXXMB.
  • Post category:Volume 22

PRECISION DIAGNOSTIC OF LAKE WORTH, LLC, (Frist Thomas), Plaintiff, vs. INFINITY AUTO INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 961b

Online Reference: FLWSUPP 2208THOMInsurance -- Attorney's fees -- Sanction for failure to notify medical provider of pre-suit exhaustion of benefits and assert exhaustion as affirmative defense

Continue ReadingPRECISION DIAGNOSTIC OF LAKE WORTH, LLC, (Frist Thomas), Plaintiff, vs. INFINITY AUTO INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

ALTAMONTE SPRINGS DIAGNOSTIC IMAGING, INC. d/b/a MID FLORIDA IMAGING a/a/o JOSE VAZQUEZ, Plaintiff, v. FIRST FLORIDIAN AUTO AND HOME INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 269c

Online Reference: FLWSUPP 2202VAZQInsurance -- Personal injury protection -- Attorney's fees -- Proposal for settlement -- Nominal proposal -- Good faith -- Where there is nothing in record to indicate that policy limits had been exhausted at time insurer served nominal proposal for settlement or that insurer otherwise had little or no exposure in case at that time, proposal was not made in good faith -- Insurer's motion for attorney's fees and costs is denied

Continue ReadingALTAMONTE SPRINGS DIAGNOSTIC IMAGING, INC. d/b/a MID FLORIDA IMAGING a/a/o JOSE VAZQUEZ, Plaintiff, v. FIRST FLORIDIAN AUTO AND HOME INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

HEALTH USA CORPORATION, a/a/o Kenia Gonzalez, Appellant-Plaintiff, v. U.S. SECURITY INSURANCE COMPANY, Appellee-Defendant.

22 Fla. L. Weekly Supp. 311a

Online Reference: FLWSUPP 2203KEGOInsurance -- Coverage -- Relatedness of injury -- No error to deny motion for directed verdict on issue of relatedness of claimant's injuries to automobile accident where jury could have concluded that, because no documentation indicated that claimant's right shoulder and arm impacted vehicle, pain on claimant's right side was not related to accident -- Attorney's fees -- Settlement proposal that indicated insurer's intent to avoid resolving attorney's fees is not ambiguous as to entitlement to fees -- Appellate fees -- Although insurer consistently requested appellate attorney's fees under section 768.79(3), which does not provide substantive basis for awarding fees, appellate court overlooks error and grants motion for fees under section 768.79(1)

Continue ReadingHEALTH USA CORPORATION, a/a/o Kenia Gonzalez, Appellant-Plaintiff, v. U.S. SECURITY INSURANCE COMPANY, Appellee-Defendant.
  • Post category:Volume 22

RAYMOND D. CLITES, DC, PA a/a/o McKenzie Klemkosky, Plaintiff, v. USAA GENERAL IND. CO., Defendant.

22 Fla. L. Weekly Supp. 967a

Online Reference: FLWSUPP 2208KLEMInsurance -- Personal injury protection -- Proposal for settlement -- Declaratory actions -- Monetary proposal for settlement directed to action that seeks declaration as to available PIP coverage and does not seek money damages is invalid -- Motion to strike is granted

Continue ReadingRAYMOND D. CLITES, DC, PA a/a/o McKenzie Klemkosky, Plaintiff, v. USAA GENERAL IND. CO., Defendant.
  • Post category:Volume 22

A-1 IMAGING CENTERS, LLC (a/a/o MARISSA KIM), Plaintiff(s), vs. USAA GENERAL INDEMNITY COMPANY, Defendant(s).

22 Fla. L. Weekly Supp. 961a

Online Reference: FLWSUPP 2208KIMInsurance -- Personal injury protection -- Coverage -- Emergency medical condition -- Declaratory action -- Under amendments to PIP statute requiring PIP insurer to pay benefits up to $10,000 if qualified medical provider has determined that claimant had emergency medical condition and limiting reimbursement to $2,500 if qualified provider has determined that claimant did not have emergency medical condition, benefits are limited to $2,500 in absence of determination by qualified provider that emergency medical condition exists -- Proposal for settlement and motion for attorney's fees are stricken where provider does not seek monetary damages and will not recover any wrongfully withheld benefits

Continue ReadingA-1 IMAGING CENTERS, LLC (a/a/o MARISSA KIM), Plaintiff(s), vs. USAA GENERAL INDEMNITY COMPANY, Defendant(s).
  • Post category:Volume 22

LAKE WORTH EMERGENCY CHIROPRACTIC CENTER PA AS ASSIGNEE OF, Plaintiff(s), v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant(s).

22 Fla. L. Weekly Supp. 956a

Online Reference: FLWSUPP 2208LAKEInsurance -- Personal injury protection -- Attorney's fees -- Proposal for settlement -- Despite fact that insurer's proposal for settlement was submitted before insurer amended its answer and affirmative defenses to assert demand letter issue on which it ultimately prevailed, where medical provider has made no showing that settlement offer was not made in good faith, insurer is entitled to award of attorney's fees and costs

Continue ReadingLAKE WORTH EMERGENCY CHIROPRACTIC CENTER PA AS ASSIGNEE OF, Plaintiff(s), v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant(s).
  • Post category:Volume 22

UNITED SERVICES AUTOMOBILE ASSOCIATION, Appellant, v. VIRTUAL IMAGING SERVICES, INC., A/A/O RENE BERMUDEZ, Appellee.

22 Fla. L. Weekly Supp. 516a

Online Reference: FLWSUPP 2205BERMInsurance -- Personal injury protection -- Attorney's fees -- Proposal for settlement -- Good faith offer -- Error to place burden on insurer to prove that its nominal offer for settlement was made in good faith, rather than requiring medical provider to prove that offer was not made in good faith -- Where benefits were exhausted at time insurer made nominal offer, trial court abused its discretion by finding that there was lack of evidence that insurer had reasonable basis for offer

Continue ReadingUNITED SERVICES AUTOMOBILE ASSOCIATION, Appellant, v. VIRTUAL IMAGING SERVICES, INC., A/A/O RENE BERMUDEZ, Appellee.
  • Post category:Volume 22

UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. EL PORTAL MEDICAL, INC., a/a/o Sherline A. Dietrich, Appellee.

22 Fla. L. Weekly Supp. 788a

Online Reference: FLWSUPP 2207DIETInsurance -- Personal injury protection -- Attorney's fees -- Proposal for settlement that allocates half of proposed settlement amount to PIP claim and half to attorney's fees was not invalid joint offer -- Error to deny motion for entitlement to attorney's fees and costs

Continue ReadingUNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. EL PORTAL MEDICAL, INC., a/a/o Sherline A. Dietrich, Appellee.
  • Post category:Volume 22

UNITED AUTOMOBILE INS. CO. Appellant, v. PALM REHAB, INC. a/a/o HERIBERTO PAZ, Appellee.

22 Fla. L. Weekly Supp. 999a

Online Reference: FLWSUPP 2209PAZInsurance -- Personal injury protection -- Attorney's fees -- Trial court erred in awarding medical provider prevailing party attorney's fees pursuant to section 627.428 where judgment obtained after jury trial was less than insurer's presuit offer -- Trial court erred in adding prejudgment interest that accrued after settlement offer to jury's award to conclude that final judgment exceeded presuit settlement offer

Continue ReadingUNITED AUTOMOBILE INS. CO. Appellant, v. PALM REHAB, INC. a/a/o HERIBERTO PAZ, Appellee.
  • Post category:Volume 22

UNITED AUTOMOBILE INSURANCE COMPANY, A Florida corporation, Appellant, v. AFFILIATED HEALTH CENTERS, INC., a/a/o Jacqueline Olivas, Appellee.

22 Fla. L. Weekly Supp. 687a

Online Reference: FLWSUPP 2206OLIVInsurance -- Personal injury protection -- Attorney's fees -- Trial court erred in awarding provider prevailing party attorney's fees pursuant to section 627.428 where judgment obtained after jury trial was less than insurer's presuit settlement offer -- Statute applies to presuit offers of settlement -- Insurer was not required to include attorney's fees in its presuit offer, as plaintiff was not entitled to attorney's fees for work done prior to filing of lawsuit unless insurer's unreasonable conduct necessitated the work, a circumstance not present in instant case

Continue ReadingUNITED AUTOMOBILE INSURANCE COMPANY, A Florida corporation, Appellant, v. AFFILIATED HEALTH CENTERS, INC., a/a/o Jacqueline Olivas, Appellee.
  • Post category:Volume 22

UNITED AUTOMOBILE INS. CO. Appellant, v. A REHAB ASSOC. OF SOUTH FLORIDA CORP. A/A/O FRITZNEL LECONTE, Appellee, and UNITED AUTOMOBILE INS. CO., Appellant, v. MED PLUS CENTERS, INC., A/A/O FRITZNEL LECONTE, Appellee.

22 Fla. L. Weekly Supp. 519a

Online Reference: FLWSUPP 2205LECOInsurance -- Personal injury protection -- Attorney's fees -- Medical providers were not prevailing parties entitled to attorney's fees award pursuant to section 627.428 when they obtained judgments no better than amounts offered by insurer in response to presuit demand letters -- Neither failure to comply with proposal for settlement statute and rule 1.442 nor failure to provide explanation of benefits invalidates settlement offers -- Attorney's fees award is vacated

Continue ReadingUNITED AUTOMOBILE INS. CO. Appellant, v. A REHAB ASSOC. OF SOUTH FLORIDA CORP. A/A/O FRITZNEL LECONTE, Appellee, and UNITED AUTOMOBILE INS. CO., Appellant, v. MED PLUS CENTERS, INC., A/A/O FRITZNEL LECONTE, Appellee.
  • Post category:Volume 22

USAA CASUALTY INSURANCE COMPANY, Appellant, v. EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLP, a/a/o Jonathan Cooper, Appellee.

22 Fla. L. Weekly Supp. 1137a

Online Reference: FLWSUPP 2210JCOOInsurance -- Personal injury protection -- Attorney's fees -- Confession of judgment -- Where insurer made one payment to medical provider on day suit was filed and final full payment after suit was filed, trial court did not err in finding that payments constituted confession of judgment -- Insurer's confession of judgment defeats its argument that provider lacked standing due to invalid assignment

Continue ReadingUSAA CASUALTY INSURANCE COMPANY, Appellant, v. EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLP, a/a/o Jonathan Cooper, Appellee.
  • Post category:Volume 22

WEST HOLLYWOOD PAIN & REHABILITATION, INC., Plaintiff, vs. STAR CASUALTY INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 749c

Online Reference: FLWSUPP 2206WESTInsurance -- Personal injury protection -- Attorney's fees -- Justiciable issues -- Where by end of 21-day safe harbor period medical provider could have determined that insurer was entitled to reimburse bills in accordance with statutory fee schedule by reference to policy language provided by insurer and that provider had received check for full amount due, motion for attorney's fees is granted -- Motion for attorney's fees filed after expiration of safe harbor period but before provider filed voluntary dismissal was timely filed -- Section 57.105 does not require that motion for attorney's fees be filed immediately after expiration of safe harbor period

Continue ReadingWEST HOLLYWOOD PAIN & REHABILITATION, INC., Plaintiff, vs. STAR CASUALTY INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

TAMPA BAY ORTHOPAEDIC & SPINE, LLC (A/A/O JUSTIN PARKER), Plaintiff, vs. USAA GENERAL INDEMNITY COMPANY, Defendant.

22 Fla. L. Weekly Supp. 713a

Online Reference: FLWSUPP 2206TAMPInsurance -- Personal injury protection -- Attorney's fees -- Claim or defense not supported by material facts or applicable law -- Medical provider that refused to withdraw claim after acknowledging that claim was paid in full and policy limits were exhausted is liable for attorney's fees under section 57.105

Continue ReadingTAMPA BAY ORTHOPAEDIC & SPINE, LLC (A/A/O JUSTIN PARKER), Plaintiff, vs. USAA GENERAL INDEMNITY COMPANY, Defendant.
  • Post category:Volume 22

EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLP, as assignee of Andrew Milam, Plaintiff, v. USAA CASUALTY INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 756c

Online Reference: FLWSUPP 2206MILAInsurance -- Attorney's fees -- Justiciable issues -- Where defendant created confusion as to which subsidiary issued policy at issue by intertwining names of subsidiaries and parent company, and medical provider timely sought to amend complaint to name correct insurer within 21-day safe harbor period, insurer's motion for sanctions is stricken -- Because defendant insurer and correct insurer are separate and distinct corporate entities, provider cannot amend complaint to name correct insurer, but must refile suit

Continue ReadingEMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLP, as assignee of Andrew Milam, Plaintiff, v. USAA CASUALTY INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

AFO IMAGING, INC., a.a.o Santonio Simmons, Plaintiff, vs. ENTERPRISE LEASING COMPANY OF FLORIDA, LLC, Defendant.

22 Fla. L. Weekly Supp. 838a

Online Reference: FLWSUPP 2207SIMMInsurance -- Personal injury protection -- Attorney's fees -- Confession of judgment -- Payment of benefits in excess of $2,500 emergency medical condition limitation upon receipt of determination of emergency medical condition after suit was filed constitutes confession of judgment entitling medical provider to award of attorney's fees and costs -- If insurer was in doubt as to existence of emergency medical condition upon receipt of notice of loss that did not contain emergency medical condition determination, it was incumbent upon insurer to make request for additional information under section 627.736(6)(b) -- Where insurer that did not receive emergency medical condition determination with notice of loss failed to timely pay benefits in excess of $2,500 limit without making request for additional information, and instead obtained unauthorized peer review determining that insured did not have emergency medical condition, provider was authorized to file suit for balance of bill after submitting pre-suit demand letter -- No merit to insurer's arguments that 30-day payment deadline did not begin to run for expenses over $2,500 until provider submitted emergency medical condition determination during course of litigation or that suit was premature

Continue ReadingAFO IMAGING, INC., a.a.o Santonio Simmons, Plaintiff, vs. ENTERPRISE LEASING COMPANY OF FLORIDA, LLC, Defendant.
  • Post category:Volume 22

MARIA PREVEZ-FALCON, Plaintiff, v. ENTERPRISING LEASING COMPANY OF FLORIDA, LLC, a resident LLC, Defendant.

22 Fla. L. Weekly Supp. 263b

Online Reference: FLWSUPP 2202PREVInsurance -- Personal injury protection -- Declaratory action -- Attorney's fees -- Plaintiff who prevailed in declaratory action challenging rental car company's denial of PIP coverage for injuries sustained while driving rental car is entitled to award of attorney's fees and costs -- It is immaterial that plaintiff did not actually recover insurance proceeds in case where rental car company has been ordered to make PIP benefits available to her

Continue ReadingMARIA PREVEZ-FALCON, Plaintiff, v. ENTERPRISING LEASING COMPANY OF FLORIDA, LLC, a resident LLC, Defendant.
  • Post category:Volume 22

HEALTH DIAGNOSTICS OF FORT LAUDERDALE, LLC D/B/A STAND UP MRI OF FT. LAUDERDALE, (a/a/o Martha J. Anderson), Plaintiff(s), vs. USAA CASUALTY INSURANCE COMPANY, Defendant(s).

22 Fla. L. Weekly Supp. 1169a

Online Reference: FLWSUPP 2210ANDEInsurance -- Personal injury protection -- Attorney's fees -- Confession of judgment -- Payment of benefits in excess of $2,500 emergency medical condition limitation upon receipt of determination of emergency medical condition after suit was filed constitutes confession of judgment entitling MRI provider to award of attorney's fees and costs -- No merit to argument that statute requires that emergency medical condition determination be submitted as part of duty to provide insurer with notice of covered loss -- Explanation of benefits denying coverage after exhaustion of $2,500 in benefits and suggesting that provider supply additional information regarding emergency medical condition to support additional reimbursement decisions did not constitute valid request for additional information under section 627.736(6)(b) and did not toll time for payment of bill or impose requirement for MRI provider to obtain emergency medical condition determination from another provider before being entitled to reimbursement

Continue ReadingHEALTH DIAGNOSTICS OF FORT LAUDERDALE, LLC D/B/A STAND UP MRI OF FT. LAUDERDALE, (a/a/o Martha J. Anderson), Plaintiff(s), vs. USAA CASUALTY INSURANCE COMPANY, Defendant(s).
  • Post category:Volume 22

ANTHONY ECKENRODE and VERONA ECKENRODE, Plaintiffs, vs. STATE FARM FLORIDA INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 435a

Online Reference: FLWSUPP 2204ECKEInsurance -- Attorney's fees -- Proposal for settlement -- Offer of judgment statute is not applicable to action in which plaintiffs seek both declaratory relief and damages and in which insurer has served general proposal for settlement that seeks release of all claims

Continue ReadingANTHONY ECKENRODE and VERONA ECKENRODE, Plaintiffs, vs. STATE FARM FLORIDA INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

SILVER CONSULTING SERVICES, INC. D/B/A SILVER CHIROPRACTIC A/A/O BRITTANY SCHREIBER, Plaintiff, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant.

22 Fla. L. Weekly Supp. 1064a

Online Reference: FLWSUPP 2209SCHRInsurance -- Attorney's fees -- Claim or defense not supported by material facts or applicable law -- Fact that medical provider voluntarily dismissed case prior to hearing on insurer's motion for summary judgment alleging that assignment of benefits was defective and did not confer standing on provider does not entitle insurer to attorney's fees under section 57.105 where there is case law on both sides of standing issue -- Notwithstanding use of word “shall” in statute, statute does not mandate awarding of fees until movant proves that losing party or its attorney knew or should have known that claim or defense was not supported by material facts or applicable law and was not initially presented to court as good faith argument for extension, modification, or establishment of new law with reasonable expectation of success

Continue ReadingSILVER CONSULTING SERVICES, INC. D/B/A SILVER CHIROPRACTIC A/A/O BRITTANY SCHREIBER, Plaintiff, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant.
  • Post category:Volume 22

JOHN F. MCMENAMIN, JR., Appellant, v. WESTERN GENERAL WARRANTY CORPORATION and LYNDON PROPERTY INSURANCE COMPANY, Appellees.

22 Fla. L. Weekly Supp. 983a

Online Reference: FLWSUPP 2209MCMEInsurance -- Attorney's fees -- Trial court properly found that owner of vehicle covered by vehicle service contract was not entitled to recover, pursuant to section 627.428, attorney's fees incurred in declaratory judgment action owner filed against insurer that backed the service contract after warrantor denied owner's claim -- Owner was not omnibus insured under policy because he was required to establish liability on part of warrantor in order to recover under policy -- As third-party beneficiary of contract between warrantor and insurer, vehicle owner was required to demonstrate that warrantor's denial of claim was wrongful, and terms of release signed upon settlement of action clearly stated that neither warrantor nor insurer admitted any liability with regard to the claims made by vehicle owner

Continue ReadingJOHN F. MCMENAMIN, JR., Appellant, v. WESTERN GENERAL WARRANTY CORPORATION and LYNDON PROPERTY INSURANCE COMPANY, Appellees.
  • Post category:Volume 22

INTERVENTIONAL SPINE CENTER, LLC, a/a/o George Etienne, Plaintiff, vs. GEICO GENERAL INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 947b

Online Reference: FLWSUPP 2208GETIInsurance -- Personal injury protection -- Attorney's fees -- Amount -- Hours -- Time spent preparing pleadings that were simultaneously filed in multiple PIP cases is prorated across cases -- Expert witness fees and costs awarded

Continue ReadingINTERVENTIONAL SPINE CENTER, LLC, a/a/o George Etienne, Plaintiff, vs. GEICO GENERAL INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

STAND-UP MRI & DIAGNOSTIC CENTER, P.A., as assignee of Yolanda Formoso, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 944a

Online Reference: FLWSUPP 2208FORMInsurance -- Personal injury protection -- Attorney's fees -- Time spent litigating entitlement to fees -- Although insurer may have intended its actions in engaging in settlement negotiations over amount of attorney's fees and costs to reflect a stipulation as to medical provider's entitlement to fees and costs, where insurer failed to clearly and unequivocally communicate that intent to provider, provider is entitled to fees and costs for all time spent litigating entitlement to fees

Continue ReadingSTAND-UP MRI & DIAGNOSTIC CENTER, P.A., as assignee of Yolanda Formoso, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, v. FIRST CHOICE CARE CHIROPRACTIC AND REHABILITATION CENTER, INC.; INTERNATIONAL CHIROPRACTIC AND REHAB, INC.; and DIANE COPELAND, Defendant.

22 Fla. L. Weekly Supp. 1028a

Online Reference: FLWSUPP 2209STATInsurance -- Personal injury protection -- Attorney's fees -- Medical provider's motion to tax attorney's fees and costs for discovery requests is denied -- Insurer's requests for information regarding ownership of provider's clinics were timely and permissible inquiries into lawfulness of services rendered irrespective of whether benefits had already been paid or exhausted

Continue ReadingSTATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, v. FIRST CHOICE CARE CHIROPRACTIC AND REHABILITATION CENTER, INC.; INTERNATIONAL CHIROPRACTIC AND REHAB, INC.; and DIANE COPELAND, Defendant.
  • Post category:Volume 22

EMERGENCY PHYSICIANS, INC. d/b/a EMERGENCY RESOURCES GROUP, as assignee of Tamorrowi Cooper, Plaintiff, v. FIRST ACCEPTANCE INSURANCE COMPANY, INC., Defendant.

22 Fla. L. Weekly Supp. 1077a

Online Reference: FLWSUPP 2209COOPInsurance -- Attorney's fees -- Discovery -- Time sheets and case costs

Continue ReadingEMERGENCY PHYSICIANS, INC. d/b/a EMERGENCY RESOURCES GROUP, as assignee of Tamorrowi Cooper, Plaintiff, v. FIRST ACCEPTANCE INSURANCE COMPANY, INC., Defendant.
  • Post category:Volume 22

EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLP, as assignee of Jennifer Adams, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 758c

Online Reference: FLWSUPP 2206JADAInsurance -- Attorney's fees -- Discovery -- Documents -- Time sheets

Continue ReadingEMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLP, as assignee of Jennifer Adams, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

WINDHAVEN INSURANCE COMPANY, Appellant, vs. ROOSEVELT REHAB & CHIROPRACTIC, INC., as assignee of ZCHECIRE MARIE DONARYE, Appellee.

22 Fla. L. Weekly Supp. 659a

Online Reference: FLWSUPP 2206WINDInsurance -- Personal injury protection -- Attorney's fees -- Contingency risk multiplier -- Appeals -- Claim that trial court erred in considering likelihood of success as factor in determining appropriateness of multiplier was preserved for appeal where insurer repeatedly apprised trial court of putative error -- Error not invited by single statement that likelihood of success might be factor if there was testimony on issue -- Likelihood of success at outset of case is factor to be considered in determining amount of multiplier, not appropriateness of imposing multiplier -- However, error was harmless where there was competent substantial evidence to support application of multiplier under correct legal standard

Continue ReadingWINDHAVEN INSURANCE COMPANY, Appellant, vs. ROOSEVELT REHAB & CHIROPRACTIC, INC., as assignee of ZCHECIRE MARIE DONARYE, Appellee.
  • Post category:Volume 22

UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. DR. MICHAEL SURDIS d/b/a BROWARD CHIROPRACTIC & PAIN REHABILITATION CENTER, (a/a/o RAFAEL CARBONELL), Appellee.

22 Fla. L. Weekly Supp. 532c

Online Reference: FLWSUPP 2205CARBInsurance -- Attorney's fees -- Attorney who withdrew as counsel prior to resolution of case was not entitled to award of attorney's fees notwithstanding fee agreement stating that attorney is entitled to fee upon judgment or settlement after withdrawal

Continue ReadingUNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. DR. MICHAEL SURDIS d/b/a BROWARD CHIROPRACTIC & PAIN REHABILITATION CENTER, (a/a/o RAFAEL CARBONELL), Appellee.
  • Post category:Volume 22

UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. MIRAMAR INJURY CENTER, INC., (a/a/o Sandra Giraldo), Appellee.

22 Fla. L. Weekly Supp. 80b

Online Reference: FLWSUPP 2201GIRAInsurance -- Personal injury protection -- Attorney's fees -- Attorneys who represented medical provider on contingency basis for first six years of litigation forfeited their claim for attorney's fees where attorneys withdrew of own volition and substituted new counsel prior to resolution of case

Continue ReadingUNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. MIRAMAR INJURY CENTER, INC., (a/a/o Sandra Giraldo), Appellee.
  • Post category:Volume 22

UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. DR. MICHAEL SURDIS d/b/a BROWARD CHIROPRACTIC & PAIN REHABILITATION CENTER, (a/a/o RAFAEL CARBONELL), Appellee.

22 Fla. L. Weekly Supp. 80a

Online Reference: FLWSUPP 2201CARBNOT FINAL VERSION OF OPINION
Subsequent Changes at 22 Fla. L. Weekly Supp. 532cInsurance -- Attorney's fees -- Attorney who withdrew as counsel prior to resolution of case was not entitled to award of attorney's fees notwithstanding fee agreement stating that attorney is entitled to fee upon judgment or settlement after withdrawal

Continue ReadingUNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. DR. MICHAEL SURDIS d/b/a BROWARD CHIROPRACTIC & PAIN REHABILITATION CENTER, (a/a/o RAFAEL CARBONELL), Appellee.
  • Post category:Volume 22

MARSHALL BRONSTEIN, D.C., a/a/o Maria Hodate, Appellant, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Appellee.

22 Fla. L. Weekly Supp. 323a

Online Reference: FLWSUPP 2203HODAInsurance -- Personal injury protection -- Attorney's fees -- Trial court did not err in denying medical provider's motion for attorney's fees where, due to insured's failure to attend independent medical examination, provider obtained judgment for no more than pre-suit settlement offer -- Fact that settlement offer was for full and final payment of PIP benefits and would have precluded provider from attempting to recover bills accrued after missed IME does not render offer invalid -- Fact that provider recovered more interest than was included in settlement offer does not entitle provider to award of attorney's fees

Continue ReadingMARSHALL BRONSTEIN, D.C., a/a/o Maria Hodate, Appellant, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Appellee.
  • Post category:Volume 22

RESTORATION 1 OF SOUTH FLORIDA, LLC (AAO Serge Freund), a Florida Limited Liability Company, Plaintiff, vs. CITIZENS PROPERTY INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 951b

Online Reference: FLWSUPP 2208FREUInsurance -- Property -- Standing -- Assignment -- Although insurance policy contains anti-assignment provision, post-loss assignment of benefits to water mitigation company is valid -- Date of breach was date insurer refused to make payments due under policy, not date when consequential damages resulted or become ascertained

Continue ReadingRESTORATION 1 OF SOUTH FLORIDA, LLC (AAO Serge Freund), a Florida Limited Liability Company, Plaintiff, vs. CITIZENS PROPERTY INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

GRAHAM’S CARPET CLEANING AND RESTORATION, INC. a/a/o IGNACIO MASCI, Plaintiff, vs. TOWER HILL PRIME INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 829a

Online Reference: FLWSUPP 2207MASCInsurance -- Property -- Standing -- Assignment -- Plaintiff who obtained post-loss assignment of benefits has standing to bring action against insurer

Continue ReadingGRAHAM’S CARPET CLEANING AND RESTORATION, INC. a/a/o IGNACIO MASCI, Plaintiff, vs. TOWER HILL PRIME INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

UNITED RECONSTRUCTION GROUP INCORPORATED, A/A/O SHAWN COADY, Plaintiff, vs. FIRST PROTECTIVE INSURANCE COMPANY, D/B/A FRONTLINE HOMEOWNERS INSURANCE, Defendant

22 Fla. L. Weekly Supp. 403a

Online Reference: FLWSUPP 2203COADInsurance -- Property -- Standing -- Assignment -- Language in assignment that makes insured responsible for any difference between amount contractor/assignee is able to recover from insurer and contractor's charges does not impair or diminish validity of assignment -- Policy provision that prohibits assignment of policy without consent of insurer does not prohibit assignment of benefits without insurer's consent -- Action by contractor while claim is in appraisal is not premature -- Section 713.32, which addresses obligation of insured to pass along to contractor any payments made by insurer for contractor's work, does not create exclusive remedy for contractor and foreclose contractor's breach of contract suit against insurer

Continue ReadingUNITED RECONSTRUCTION GROUP INCORPORATED, A/A/O SHAWN COADY, Plaintiff, vs. FIRST PROTECTIVE INSURANCE COMPANY, D/B/A FRONTLINE HOMEOWNERS INSURANCE, Defendant
  • Post category:Volume 22

RESTORATION 1 OF SOUTH FLORIDA, LLC (AAO Santhia Success), a Florida Limited Liability Company, Plaintiff, vs. CITIZENS PROPERTY INSURANCE CORPORATION, a Florida corporation, Defendant.

22 Fla. L. Weekly Supp. 741a

Online Reference: FLWSUPP 2206SUCCInsurance -- Property -- Standing -- Assignment -- Purported inconsistency in designation of repair facility in assignment is factual dispute, not grounds for dismissal

Continue ReadingRESTORATION 1 OF SOUTH FLORIDA, LLC (AAO Santhia Success), a Florida Limited Liability Company, Plaintiff, vs. CITIZENS PROPERTY INSURANCE CORPORATION, a Florida corporation, Defendant.
  • Post category:Volume 22

INTEGRATED TRADES CORPORATION, d/b/a ITC RESTORATION, a/a/o WILFRED COUTURE, Plaintiff, vs. MODERN USA INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 373b

Online Reference: FLWSUPP 2203COUTInsurance -- Property -- Standing -- Assignment -- Contractor assigned prospective insurance recovery of undetermined amount lacks standing

Continue ReadingINTEGRATED TRADES CORPORATION, d/b/a ITC RESTORATION, a/a/o WILFRED COUTURE, Plaintiff, vs. MODERN USA INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

BIO SCIENCE WEST, INC., A/A/O ELAINE GATTUS, Plaintiff, vs. GULFSTREAM PROPERTY & CASUALTY INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 126a

Online Reference: FLWSUPP 2201GATTInsurance -- Property -- Standing -- Assignment -- Where insurance policy contains non-assignment provision, assignment of benefits to water and mold mitigation company prior to claim being adjusted and any accrued benefits becoming due does not confer standing on company to file suit against insurer

Continue ReadingBIO SCIENCE WEST, INC., A/A/O ELAINE GATTUS, Plaintiff, vs. GULFSTREAM PROPERTY & CASUALTY INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

TERLEP CHIROPRACTIC, PA, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INS CO., Appellee.

22 Fla. L. Weekly Supp. 985a

Online Reference: FLWSUPP 2209TERLInsurance -- Personal injury protection -- Standing -- Assignment -- Validity -- Where purported assignment of benefits directs payment to medical provider but does not contain any language conveying right to bring cause of action against insurer, provider lacks standing -- No merit to argument that insurer does not have standing to challenge assignment because it lacks privity to that agreement where insurer is not challenging agreement between provider and insured, but whether agreement is properly characterized as an assignment -- No merit to argument that entry of final judgment finding that provider lacks standing would deny provider any remedy at law to recover monies owed to it where assignment provides that insured is financially responsible for any charges insurer declines to pay

Continue ReadingTERLEP CHIROPRACTIC, PA, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INS CO., Appellee.
  • Post category:Volume 22

AXCESS DIAGNOSTICS POINTE WEST, LLC D/B/A BOWES IMAGING CENTER, a Florida Corp. (a/a/o Ray, Kerrick), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 1088a

Online Reference: FLWSUPP 2209KERRInsurance -- Standing -- Assignment -- Validity -- Document in which medical provider agreed to provide services based on unqualified assignment of benefits on condition that insured would be ultimately responsible for any bills not covered by policy or not paid by insurer is valid assignment

Continue ReadingAXCESS DIAGNOSTICS POINTE WEST, LLC D/B/A BOWES IMAGING CENTER, a Florida Corp. (a/a/o Ray, Kerrick), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

MEADOWS MEDICAL SOLUTIONS & PHYSICAL THERAPY, INC., FLORIDA CORPORATION, ASSIGNEE OF WILLIAMS, STEPHEN, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 744b

Online Reference: FLWSUPP 2206MEADInsurance -- Standing -- Assignment -- Sufficiency

Continue ReadingMEADOWS MEDICAL SOLUTIONS & PHYSICAL THERAPY, INC., FLORIDA CORPORATION, ASSIGNEE OF WILLIAMS, STEPHEN, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

AXCESS DIAGNOSTICS POINTE WEST, LLC D/B/A BOWES IMAGING CENTER, a Florida Corp. (a/a/o Rodriguez, Vilma 2), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 742b

Online Reference: FLWSUPP 2206VRODInsurance -- Personal injury protection -- Standing -- Assignment

Continue ReadingAXCESS DIAGNOSTICS POINTE WEST, LLC D/B/A BOWES IMAGING CENTER, a Florida Corp. (a/a/o Rodriguez, Vilma 2), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

INTEGRATED HEALTH SOLUTIONS, d/b/a ADVANCED SPINAL CARE CHIROPRACTIC & REHAB OF LAKELAND As assignee of Hilda Zelaya as parent and Guardian of Alejandro Zelaya, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign corporation, Defendants.

22 Fla. L. Weekly Supp. 736b

Online Reference: FLWSUPP 2206ZELAInsurance -- Personal injury protection -- Standing -- Assignment -- Document that assigns both benefits and rights is sufficient to confer standing on medical provider

Continue ReadingINTEGRATED HEALTH SOLUTIONS, d/b/a ADVANCED SPINAL CARE CHIROPRACTIC & REHAB OF LAKELAND As assignee of Hilda Zelaya as parent and Guardian of Alejandro Zelaya, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign corporation, Defendants.
  • Post category:Volume 22

INTEGRATED HEALTH SOLUTIONS, P.L., D/B/A ADVANCED SPINAL CARE CHIROPRACTIC & REHAB OF LAKELAND, as assignee of Josefina Hernandez, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign corporation, Defendant.

22 Fla. L. Weekly Supp. 736a

Online Reference: FLWSUPP 2206JHERInsurance -- Personal injury protection -- Standing -- Assignment -- Where complaint alleges that insured assigned her rights, title and interest under policy and attached document assigns insured's “PIP automobile insurance policy benefits,” motion to dismiss for lack of standing is denied

Continue ReadingINTEGRATED HEALTH SOLUTIONS, P.L., D/B/A ADVANCED SPINAL CARE CHIROPRACTIC & REHAB OF LAKELAND, as assignee of Josefina Hernandez, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign corporation, Defendant.
  • Post category:Volume 22

ORLANDO ORTHOPAEDIC CENTER, (Ruth Korn), Plaintiff, vs. STATE FARM MUTUAL AUTO. INS. CO., Defendant.

22 Fla. L. Weekly Supp. 730a

Online Reference: FLWSUPP 2206KORNInsurance -- Personal injury protection -- Standing -- Assignment sufficiently communicated insured's intent to convey right to file lawsuit should provider feel it was not properly paid -- Demand letter -- Presuit demand letter met all statutory requirements where provider attached itemized statement setting forth name of providers who rendered treatment and services, exact amount, date of treatment, service, or accommodation, and the type of benefit claimed to be due -- Fact that itemized statement showed zero balance does not change result -- Statute does not require that demand letter itemize treatment or service by CPT code

Continue ReadingORLANDO ORTHOPAEDIC CENTER, (Ruth Korn), Plaintiff, vs. STATE FARM MUTUAL AUTO. INS. CO., Defendant.
  • Post category:Volume 22

NEW SMYRNA IMAGING, LLC, as assignee of Randy Durgin, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 717a

Online Reference: FLWSUPP 2206DURGInsurance -- Personal injury protection -- Standing -- Assignment -- Validity -- Document that assigns all benefits and rights from automobile insurance policies is valid assignment that confers standing

Continue ReadingNEW SMYRNA IMAGING, LLC, as assignee of Randy Durgin, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

FIRST COAST IMAGING D/B/A JACKSONVILLE UPRIGHT MRI A/A/O OF CATRINA M. BOOM, (“JACKSONVILLE UPRIGHT MRI”), Plaintiff, v. STATE FARM FIRE & CASUALTY COMPANY, Defendant.

22 Fla. L. Weekly Supp. 709a

Online Reference: FLWSUPP 2206BOOMInsurance -- Personal injury protection -- Standing -- Assignment -- Document signed by insured that directs payment from insurer directly to medical provider is valid assignment conferring standing on provider -- Qualifying language stating that insured remains financially responsible for all charges including attorney's fees and costs does not invalidate otherwise proper assignment

Continue ReadingFIRST COAST IMAGING D/B/A JACKSONVILLE UPRIGHT MRI A/A/O OF CATRINA M. BOOM, (“JACKSONVILLE UPRIGHT MRI”), Plaintiff, v. STATE FARM FIRE & CASUALTY COMPANY, Defendant.
  • Post category:Volume 22

USAA GENERAL INDEMNITY COMPANY, Appellant, vs. EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLP, a/a/o Adriel Rodriguez, Appellee.

22 Fla. L. Weekly Supp. 686a

Online Reference: FLWSUPP 2206ARODInsurance -- Personal injury protection -- Coverage -- Medical expenses -- Emergency services -- Deductible -- No error in finding that, where both emergency service providers and other medical providers seek PIP benefits, deductible must be applied to benefits paid to other providers rather than those paid to emergency service providers -- Standing -- Assignment from insured to emergency provider was valid so as to confer standing to bring suit on the policy -- Lack of language providing that assignment is irrevocable is not dispositive on issue of standing

Continue ReadingUSAA GENERAL INDEMNITY COMPANY, Appellant, vs. EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLP, a/a/o Adriel Rodriguez, Appellee.
  • Post category:Volume 22

INTERNAL MEDICINE OF VERANDA PARK, P.A., a Florida Corporation (assignee of Irving, Errol), Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 123a

Online Reference: FLWSUPP 2201IRVIInsurance -- Personal injury protection -- Standing -- Assignment -- For purposes of motion to dismiss, in which defendant maintained that assignment of benefits did not actually assign benefits to plaintiff, court must accept as true the allegations in complaint that there was an equitable assignment to the named plaintiff

Continue ReadingINTERNAL MEDICINE OF VERANDA PARK, P.A., a Florida Corporation (assignee of Irving, Errol), Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

ORTHOPEDIC SPECIALISTS, a/a/o BEAVER, ANDREA, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 1094c

Online Reference: FLWSUPP 2209BEAVInsurance -- Standing -- Assignment -- Validity -- Document that references direction to pay benefits but lacks any mention of conveyance of right to bring cause of action does not confer standing on medical provider

Continue ReadingORTHOPEDIC SPECIALISTS, a/a/o BEAVER, ANDREA, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

SARASOTA MEMORIAL HOSPTIAL (Patient: Raul Betancourth), Plaintiff, vs. AUTO-OWNERS INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 1085b

Online Reference: FLWSUPP 2209BETAInsurance -- Personal injury protection -- Standing -- Assignment -- Validity -- Medical provider must have written assignment of benefits in order to sue insurer for PIP benefits; equitable assignment is insufficient under PIP statute -- Standing requirement must be met at inception of suit -- Document which directs payment to provider but does not assign insured's rights under PIP policy to provider is merely direction to pay -- Motion to dismiss is granted

Continue ReadingSARASOTA MEMORIAL HOSPTIAL (Patient: Raul Betancourth), Plaintiff, vs. AUTO-OWNERS INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

KINGSLEY CHIROPRACTIC CLINIC A/A/O BLANCHE CARTER, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 360a

Online Reference: FLWSUPP 2203CARTInsurance -- Personal injury protection -- Standing -- Assignment -- Insurer waived right ro raise lack of standing as affirmative defense where defense was not raised in its answer and insurer has never set hearing onits motion for leave to add lack of standing as affirmative defense, which was filed one year earlier -- Document directing that payment go directly to medical provider was sufficient to confer standing

Continue ReadingKINGSLEY CHIROPRACTIC CLINIC A/A/O BLANCHE CARTER, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.
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ACCMED HEALTHCARE SYSTEM, LLC, d/b/a FLORIDA SPINE CARE (a/a/o ALPHONSO RANDALL), Appellant, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Appellee.

22 Fla. L. Weekly Supp. 976a

Online Reference: FLWSUPP 2209RANDInsurance -- Personal injury protection -- Standing -- Assignment -- Document that directs payment from insurer directly to medical provider is valid assignment conferring standing on provider to sue insurer for unpaid benefits

Continue ReadingACCMED HEALTHCARE SYSTEM, LLC, d/b/a FLORIDA SPINE CARE (a/a/o ALPHONSO RANDALL), Appellant, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Appellee.
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TAMPA BAY IMAGING, LLC, Appellant, v. MERCURY INDEMNITY COMPANY OF AMERICA, Appellee.

22 Fla. L. Weekly Supp. 504a

Online Reference: FLWSUPP 2205TAMPInsurance -- Personal injury protection -- Standing -- Assignment -- Any defects in dates on assignment, claim form, and demand letter were waived where insurer made payments on claim without expressing any confusion until after suit was filed -- Demand letter -- Demand letter is not required to state exact amount of benefits owed

Continue ReadingTAMPA BAY IMAGING, LLC, Appellant, v. MERCURY INDEMNITY COMPANY OF AMERICA, Appellee.
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GABLES INSURANCE RECOVERY, INC., a/a/o KRISTINE VALDES, Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 379a

Online Reference: FLWSUPP 2203VALDInsurance -- Personal injury protection -- Standing -- Assignment -- Where plaintiff received assignment of PIP benefits from medical provider who had received assignment from insured, and plaintiff has not revoked assignment or reassigned benefits to provider, plaintiff has standing to bring action against insurer -- Where insurer paid PIP benefits to provider after receiving notice of assignment to plaintiff, insurer can be held liable to plaintiff for benefits in excess of policy limits -- Testimony of litigation adjuster and insurer's payment of benefits indicate that treatment was medically necessary

Continue ReadingGABLES INSURANCE RECOVERY, INC., a/a/o KRISTINE VALDES, Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant.
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PHOENIX DRYOUT AND RECOVERY CORP., a/a/o HERBERT DANIEL TAYLOR, Appellant, vs. STATE FARM FLORIDA INSURANCE CO., Appellee.

22 Fla. L. Weekly Supp. 1115a

Online Reference: FLWSUPP 2210TAYLInsurance -- Homeowners -- Standing -- Assignment -- Insured was not required to complete contractually required claim adjustment prior to assigning benefits or prior to assignee filing suit -- Anti-assignment clause and loss payment provision do not prevent post-lost assignment of benefits

Continue ReadingPHOENIX DRYOUT AND RECOVERY CORP., a/a/o HERBERT DANIEL TAYLOR, Appellant, vs. STATE FARM FLORIDA INSURANCE CO., Appellee.
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KAGAN, JUGAN & ASSOCIATES, P.A., a/a/o STEVEN HEBERT, Plaintiff, vs. STATE FARM FIRE & CASUALTY COMPANY, Defendant.

22 Fla. L. Weekly Supp. 1110b

Online Reference: FLWSUPP 2209HEBEInsurance -- Personal injury protection -- Standing -- Assignment -- Where assignment of benefits or documents supporting equitable assignment are not attached to medical provider's complaint, complaint is dismissed without prejudice to provider amending complaint by attaching assignment

Continue ReadingKAGAN, JUGAN & ASSOCIATES, P.A., a/a/o STEVEN HEBERT, Plaintiff, vs. STATE FARM FIRE & CASUALTY COMPANY, Defendant.
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KAGAN, JUGAN & ASSOCIATES, P.A., a/a/o MARY BROWN, Plaintiff, vs. STATE FARM FIRE & CASUALTY COMPANY, Defendant.

22 Fla. L. Weekly Supp. 1110a

Online Reference: FLWSUPP 2209MBROInsurance -- Personal injury protection -- Standing -- Assignment -- Where assignment of benefits or documents supporting equitable assignment are not attached to medical provider's complaint, complaint is dismissed without prejudice to provider amending complaint by attaching assignment

Continue ReadingKAGAN, JUGAN & ASSOCIATES, P.A., a/a/o MARY BROWN, Plaintiff, vs. STATE FARM FIRE & CASUALTY COMPANY, Defendant.
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KAGAN, JUGAN & ASSOCIATES, P.A., a/a/o LESLIE JOHNSON, Plaintiff, vs. STATE FARM FIRE & CASUALTY COMPANY, Defendant.

22 Fla. L. Weekly Supp. 1109a

Online Reference: FLWSUPP 2209LJOHInsurance -- Personal injury protection -- Standing -- Assignment -- Where assignment of benefits or documents supporting equitable assignment are not attached to medical provider's complaint, complaint is dismissed without prejudice to provider amending complaint by attaching assignment

Continue ReadingKAGAN, JUGAN & ASSOCIATES, P.A., a/a/o LESLIE JOHNSON, Plaintiff, vs. STATE FARM FIRE & CASUALTY COMPANY, Defendant.
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POMPANO SPINE CENTER, LLC (a/a/o Merny Louis), Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 853b

Online Reference: FLWSUPP 2207LOUIInsurance -- Arbitration -- Motion to vacate final judgment on arbitrator's decision and allow trial de novo is denied where motion was not made under oath -- Even if motion had been properly made under oath, it does not establish that plaintiff, who waited more than one month after receipt of final judgment to file motion to vacate, acted diligently in seeking relief

Continue ReadingPOMPANO SPINE CENTER, LLC (a/a/o Merny Louis), Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.
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RESTORATION 1 OF SOUTH FLORIDA, LLC., Plaintiff, v. GEOVERA SPECIALTY INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 373c

Online Reference: FLWSUPP 2203RESTInsurance -- Property -- Appraisal -- Measures taken to protect covered property from further damage -- Reasonableness of amount charged by plaintiff for emergency services is not subject to appraisal

Continue ReadingRESTORATION 1 OF SOUTH FLORIDA, LLC., Plaintiff, v. GEOVERA SPECIALTY INSURANCE COMPANY, Defendant.
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FOUNTAINS THERAPY CENTER, INC., (a/a/o ARIEL PEREZ), Plaintiff, vs. RESPONSIVE AUTO INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 1101a

Online Reference: FLWSUPP 2209PEREInsurance -- Personal injury protection -- Application -- Misrepresentations -- Waiver -- Insurer waived right to raise material misrepresentation defense by failing to issue refund check jointly to insured and premium financing company and by failing to timely refund all premiums to insured with interest

Continue ReadingFOUNTAINS THERAPY CENTER, INC., (a/a/o ARIEL PEREZ), Plaintiff, vs. RESPONSIVE AUTO INSURANCE COMPANY, Defendant.
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DR. BROCK MATIESON, D.C., P.A., as assignee of YARELYS ORTIZ, Plaintiff, vs. AMERICAN COLONIAL INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 468b

Online Reference: FLWSUPP 2204ORTIInsurance -- Personal injury protection -- Application -- Misrepresentations -- Where PIP policy provides that it is only void ab initio if there is knowing concealment or misrepresentation of material fact, disputed factual issue as to whether insured knowingly intended to conceal identity of other members of household in application precludes entry of summary judgment

Continue ReadingDR. BROCK MATIESON, D.C., P.A., as assignee of YARELYS ORTIZ, Plaintiff, vs. AMERICAN COLONIAL INSURANCE COMPANY, Defendant.
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GLENN V. QUINTANA, D.C., P.A. a/a/o OMAR MANSO, Petitioner, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent.

22 Fla. L. Weekly Supp. 54a

Online Reference: FLWSUPP 2111MANSInsurance -- Personal injury protection -- Appeals -- Standing -- Omission of “P.A.” from style of petition for writ of certiorari seeking review of order in case filed by medical provider as professional association is scrivener's error that does not deprive provider of standing -- Appeals -- Certiorari -- Order dismissing with prejudice provider's claim for declaratory relief in multi-count complaint containing interrelated claims is non-final, non-appealable order reviewable only pursuant to appellate court's certiorari jurisdiction -- Provider has not established that dismissal of declaratory action claim or potentially improper award of attorney's fees creates irreparable harm necessary for writ of certiorari where both are reviewable on plenary appeal

Continue ReadingGLENN V. QUINTANA, D.C., P.A. a/a/o OMAR MANSO, Petitioner, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent.
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STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, vs. COMPLETE CARE & REHAB., INC., a/a/o Idolidia Gonzalez-Corrales, Respondent.

22 Fla. L. Weekly Supp. 52b

Online Reference: FLWSUPP 2111CORRInsurance -- Discovery -- Appeals -- Certiorari -- Absence of transcript -- Affirmance of lower court ruling

Continue ReadingSTATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, vs. COMPLETE CARE & REHAB., INC., a/a/o Idolidia Gonzalez-Corrales, Respondent.
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STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, vs. COMPLETE CARE & REHAB., INC., a/a/o Celestino Elvirez, Respondent.

22 Fla. L. Weekly Supp. 50a

Online Reference: FLWSUPP 2111ELVIInsurance -- Discovery -- Appeals -- Certiorari -- Absence of transcript -- Affirmance of lower court ruling

Continue ReadingSTATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, vs. COMPLETE CARE & REHAB., INC., a/a/o Celestino Elvirez, Respondent.
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AFFILIATED HEALTHCARE CENTERS, INC., a/a/o COLLIN STEWART, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 631a

Online Reference: FLWSUPP 2205STEWInsurance -- Appellate costs -- Insurer that prevailed on appeal is entitled to recover bond premiums it was required to incur to prosecute appeal -- Where insurer appealed only pretrial issue, insurer is not entitled to reimbursement for cost of preparing entire trial transcript

Continue ReadingAFFILIATED HEALTHCARE CENTERS, INC., a/a/o COLLIN STEWART, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant.
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COAST CHIROPRACTIC CENTER A/A/O ROSEMA CEASAR, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 643a

Online Reference: FLWSUPP 2205CEASInsurance -- Affirmative defenses -- Amendment -- Motion to amend affirmative defenses filed when case had been pending for 14 months and after issuance of pre-trial order and completion of mediation and arbitration is denied as untimely -- Further, amendment to assert defense of improper record-keeping would be futile since this is not valid defense

Continue ReadingCOAST CHIROPRACTIC CENTER A/A/O ROSEMA CEASAR, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.
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MR SERVICES I, INC. (a/a/o Kevin Henderson), Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 856a

Online Reference: FLWSUPP 2207HENDInsurance -- Affirmative defenses -- Accord and satisfaction -- Notation on letter accompanying check fails to meet conspicuousness requirement for statutory accord and satisfaction -- Elements of common law accord and satisfaction not met

Continue ReadingMR SERVICES I, INC. (a/a/o Kevin Henderson), Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant.
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WEST COAST MEDICAL MANAGEMENT, Appellant, v. UNITED AUTOMOBILE INSURANCE COMPANY, a Florida Corporation, Appellee.

22 Fla. L. Weekly Supp. 1121a

Online Reference: FLWSUPP 2210WESTInsurance -- Personal injury protection -- Affirmative defenses -- Accord and satisfaction -- Where insurer sent letter to medical provider advising that it would not be reimbursing provider for any treatment after certain date based on results of independent medical examinations, thereafter insurer sent check marked as being for full and final payment of PIP benefits, and provider cashed check, cashing of check created accord and satisfaction that included dates of service after IME cutoff date -- Provider's claim that it believed check was payment only for dates of service up to IME cutoff date is of no moment where facts indicate that accord and satisfaction took place as matter of law

Continue ReadingWEST COAST MEDICAL MANAGEMENT, Appellant, v. UNITED AUTOMOBILE INSURANCE COMPANY, a Florida Corporation, Appellee.
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DR. ALAN R. FREEDMAN, a/a/o JANETTE WESTLEY, Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 397a

Online Reference: FLWSUPP 2203WESTInsurance -- Personal injury protection -- Accord and satisfaction -- Insurer not entitled to summary judgment on affirmative defense of accord and satisfaction -- Provider's negotiation of checks which were marked for full and final payment of PIP benefits and for full and final payment of PIP interest did not, as matter of law, result in accord and satisfaction -- Record did not reveal the existence of a preexisting dispute between the parties, and there was nothing in the language of the checks, the explanation of benefits sent to provider, or the explanation of review which reasonably implied that provider, by accepting checks, would be deemed to have agreed with insurer's position -- Conflicting affidavits submitted by parties create genuine issue of material fact as to parties' intent -- Statutory accord and satisfaction -- Language “FOR FULL AND FINAL PAYMENT,” placed within body of “Pay to the Order” line of checks, did not meet statutory definition of conspicuous

Continue ReadingDR. ALAN R. FREEDMAN, a/a/o JANETTE WESTLEY, Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant.
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HALLANDALE OPEN MRI, LLC, as assignee of Jonathan Bailey, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 162a

Online Reference: FLWSUPP 2201BAILInsurance -- Personal injury protection -- Affirmative defenses -- Accord and satisfaction -- No accord and satisfaction occurred when medical provider cashed check for reduced amount with notation that it was for full and final payment of PIP benefits where insurer knew prior to sending check that provider had assignment of benefits expressly requiring that any reduced payment, irrespective of accompanying language, would be cashed under protest and would not be accord and satisfaction -- Further, there was no accord and satisfaction where there was no dispute between insurer and provider regarding amount of benefits payable prior to insurer's payment of reduced amount, and “full and final” language on check was neither clear nor conspicuous

Continue ReadingHALLANDALE OPEN MRI, LLC, as assignee of Jonathan Bailey, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant.
  • Post category:Volume 22

GABLES INSURANCE RECOVERY, INC., a/a/o Yuleysi Esquivel Iglesias, Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant / Third-Party Plaintiff, ALL X-RAY DIAGNOSTIC SERVICES, CORP., Third-Party Defendant.

22 Fla. L. Weekly Supp. 738a

Online Reference: FLWSUPP 2206IGLEInsurance -- Personal injury protection -- Coverage -- Medical expenses -- Standing -- Plaintiff who received assignment from provider has standing to bring action against insurer -- Exhaustion of policy limits -- Where insurer received plaintiff's demand letter and copies of assignments from insured to provider and from provider to plaintiff before paying remaining benefits to provider, payment to provider was gratuitous and did not exhaust benefits -- Payment to provider did not effect accord and satisfaction as to debt owed by insurer to plaintiff

Continue ReadingGABLES INSURANCE RECOVERY, INC., a/a/o Yuleysi Esquivel Iglesias, Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant / Third-Party Plaintiff, ALL X-RAY DIAGNOSTIC SERVICES, CORP., Third-Party Defendant.