What are demand letters? A law student will always remember three key phrases upon graduation: offer, acceptance, consideration. When choosing to litigate in the field of Personal Injury Protection (PIP), a PIP attorney will always remember that a demand letter is due prior to filing a complaint. Moreover, any competent
PIP insurers are always seeking out creative ways to defend personal injury protection cases. From failure to submit a valid demand letter, to provider-executed assignments of benefits lacking the requisite standing, insurers are attempting to minimize their liability/damages. I have encountered a new phenomenon, which can be titled as, “Medical
I recently attended a hearing in front of one of our distinguished judges at the Broward County Courthouse. It was a discovery matter regarding our client’s private contracts with non-PIP providers. The defendant, State Farm Insurance, requested all of our client’s contracts, arrangements and agreements with HMO’s, PPO’s, Medicare, Medicaid
What is a 6B request? Insurance companies are always looking for loopholes to deny payment for medically necessary medical treatment. Florida Statutes Section 627.376 (6)(b) is a loophole that was created by the Florida Legislature. A (6)(b) request allows the defendant to ask for documentation and information regarding the history, condition,
On May 30, 2014, the Palm Beach County court, sitting in its appellate capacity, rendered a verdict for the plaintiff medical provider in a lawsuit for unpaid personal injury protection (PIP) benefits. The plaintiff medical provider filed suit against Mercury Insurance Company alleging that Florida’s PIP policy did not allow
A simple but often overlooked aspect of PIP (personal injury protection insurance) is that the Florida rules of civil procedure apply to Florida PIP Suits. Oftentimes, PIP carriers will pay medical providers a reduced amount for the services rendered to patients in automobile accidents. These incorrect payments are usually paid
A physician assistant (PA) is defined by the American Academy of Physician Assistants as a “healthcare professional who is licensed to practice medicine as a part of a team with physicians and other providers.” A nurse practitioner (NP) is defined as “a registered nurse (RN) who has completed advanced education
The 11th Judicial Circuit in and for Dade County recently ruled on an evidentiary issue. This evidentiary issue pertains to affidavits. Black’s Law Dictionary (5th Ed.) defines an affidavit as, “A written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the
Florida has minimum requirements for both bodily injury liability and property damage liability ($10,000 to one person). Moreover, the Florida No-Fault law requires owners of motor vehicles to carry $10,000 of Personal Injury Protection (PIP) and $10,000 of Property damage liability (First-Party Coverage). Under Florida Statutes Section 627.736, PIP insurance
The 4th District Court of Appeals opinion in Northwoods Sports Medicine and Physical Rehabilitation, Inc., and Wellness Associates of Florida, Inc. v. State Farm Mutual Automobile Insurance Company and USAA Casualty Insurance Company held that once personal injury protection (PIP) insurance benefits are exhausted through payment of valid claims, an insurer
