Volume 10

10 Fla. L. Weekly Supp. 972a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 11 Fla. L. Weekly Supp. 404b

Insurance — Personal injury protection — Summary judgment — Factual issue — Error to grant summary judgment in favor of plaintiff on issue of liability where accident report which fails to indicate that plaintiff was passenger in vehicle at time of accident created genuine issue of material fact

10 Fla. L. Weekly Supp. 200c

Insurance — Dispute between medical provider and insurer — Count of medical provider’s complaint for nonpayment of reasonable and necessary charges is stricken in absence of insurance contract

10 Fla. L. Weekly Supp. 200b

Insurance — Dispute between medical provider and insurer — Count of medical provider’s complaint for nonpayment of reasonable and necessary charges is stricken in absence of insurance contract

10 Fla. L. Weekly Supp. 1034a

Insurance — Personal injury protection — Claim forms — Where medical provider originally filed suit under name of one of his six corporations other than the corporation to which assignment of benefits was directed and filed HCFAs indicating treatment was completed by the plaintiff corporation rather than assignee corporation and containing other information that was false or misleading, HCFAs do not establish compliance with section 627.736, and plaintiff has failed to lawfully render treatment and provide insurer of notice of loss and amount thereof — Insurer’s motion for summary judgment granted

10 Fla. L. Weekly Supp. 133b

Insurance — Personal injury protection — Claim form — Countersignature — Florida law does not require patient to countersign legally assigned invoice, bill or health insurance claim form as a condition precedent to insurer paying claim

10 Fla. L. Weekly Supp. 1042b

Insurance — Personal injury protection — Claim forms — Countersignature — Section 627.736(5)(a) does not require insured to countersign HICF form as condition precedent to insurer paying PIP benefits to medical provider who has provided notice to insurer of acceptance of valid assignment of rights and benefits from insured

10 Fla. L. Weekly Supp. 388b

Insurance — Personal injury protection — Claim forms — Countersignature

10 Fla. L. Weekly Supp. 793a

Insurance — Personal injury protection — Bankruptcy — Where PIP lawsuit was listed as unsecured non-priority claim in defendant’s Chapter 7 bankruptcy action in which order of discharge has been entered, complaint is dismissed with prejudice

10 Fla. L. Weekly Supp. 544b

Insurance — Personal injury protection — Dismissal — Assignment — Attachment of assignment of benefits to complaint of medical provider claiming PIP benefits pursuant to written assignment is not required by rule 1.130 — Provider’s allegation of standing by way of assignment must be taken as true for purposes of motion to dismiss — Motion to dismiss denied

10 Fla. L. Weekly Supp. 914a

Insurance — Personal injury protection — Coverage — Where there is no evidence that gunshot wound inflicted on driver while driving vehicle was inflicted in any other manner than by accident and no suggestion that gunshot was caused by operation or maintenance of vehicle, there is not a sufficient nexus to indicate death was result of ownership, maintenance or use of vehicle — Summary judgment granted in favor of insurer