Online Reference: FLWSUPP 2206CRUZ Insurance — Personal injury protection — Independent medical examination — Failure to attend — Error to enter summary judgment in favor of insurer based on IME no-show defense where there is disputed evidence as to whether insured received and was able to understand IME notices   MARGATE PHYSICIANS ASSOCIATES, INC., a/a/o Read More »

Online Reference: FLWSUPP 2206SCHO Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Trial court erred in entering summary judgment in favor of insurer on D&A form defense — Submission of form is not condition precedent to payment of PIP benefits — Exhaustion of policy limits — Insurer’s reliance Read More »

Online Reference: FLWSUPP 2205INFI Insurance — Personal injury protection — Coverage — Medical expenses — Policy which provided that insurer would pay 80% of medical expenses and, on separate page, that it would pay 200% of Medicare Part B schedule was ambiguous and must be interpreted in favor of insured — Trial court properly entered Read More »

Online Reference: FLWSUPP 2206WIND Insurance — 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 Read More »

Online Reference: FLWSUPP 2206OLIV Insurance — 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 Read More »