Volume 10

10 Fla. L. Weekly Supp. 465b

Insurance — Personal injury protection — Small claims — Standing — Assignment — Validity — Assignment is valid despite language indicating that insured remains ultimately responsible for all charges incurred

10 Fla. L. Weekly Supp. 531b

Insurance — Personal injury protection — Standing — Assignment — Validity — Assignment of benefits to medical provider and medical provider’s assignment, in turn, to recovery specialists is not prohibited

10 Fla. L. Weekly Supp. 85a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 10 Fla. L. Weekly Supp. 478a and 10 Fla. L. Weekly Supp. 679a

Insurance — Personal injury protection — Standing — Assignment — Policy prohibiting change in interest in policy without written consent of insurer does not prohibit assignment of claim after loss — Unclear “no change in interest” language must be construed against insurer — Trial court’s entry of summary judgment in favor of medical provider without considering an affidavit submitted on behalf of insurer for its motion for summary judgment is harmless error where insurer confessed judgment on sole remaining claim

WITHDRAWN. 10 Fla. L. Weekly Supp. 478a

10 Fla. L. Weekly Supp. 119a

Insurance — Personal injury protection — Standing — Assignment — Patient information form and affidavit of medical provider staff do not create valid assignment — Medical provider granted 30 days to obtain clear and unequivocal assignment

10 Fla. L. Weekly Supp. 941b

Insurance — Personal injury protection — Standing — Assignment — Validity — Lack of medical provider’s signature on assignment does not invalidate assignment where conduct of medical provider in providing insured with assignment for her signature, treating insured, submitting bills to insurer, and filing PIP suit based on assignment clearly demonstrate provider’s intent to accept assignment — Insurer’s motion for summary judgment denied

10 Fla. L. Weekly Supp. 532c

Insurance — Personal injury protection — Standing — Assignment — Validity — Medical provider has standing to pursue insurer for payment of outstanding medical bills under assignment containing reservation requiring insured to be ultimately responsible for bills not covered or not paid by insurer

10 Fla. L. Weekly Supp. 262a

Insurance — Personal injury protection — Standing — Assignment — Validity — Assignment of benefits is valid despite blanks where insurance company name is identified, date, and claim number — Medical provider’s conduct in treating patient, submitting bills, and filing PIP suit indicate intent to accept assignment of benefits — Motion to dismiss denied

10 Fla. L. Weekly Supp. 724a

Insurance — Personal injury protection — Standing — Assignment — Validity — Document that provides that insured is transferring and conveying all his rights, title, and interest in medical expense reimbursement is assignment — Inclusion of terminology of direction to pay does not negate existence of assignment — Medical provider’s affidavit stating that assignment was accepted for limited purpose of collecting payment does not indicate that document was mere direction to pay but, rather, indicates that assignment was meant to convey insured’s rights in regard to reimbursement without conveying insured’s obligations under policy

10 Fla. L. Weekly Supp. 402b

Insurance — Personal injury protection — Standing — Assignment — Validity — Assignment qualified by reservation of liability by insured is, nonetheless, a valid assignment — Failure of document to state that transfer is irrevocable does not affect validity — Once patient signs document giving medical provider the right to collect and medical services are rendered, assignment is irrevocable as to benefits for rendered services

10 Fla. L. Weekly Supp. 889a

Insurance — Personal injury protection — Standing — Assignment — Validity — Document assigning proceeds of any settlement or judgment resulting from insured’s exercise of rights to recovery against any proceeds of insurance policy against which insured may make claim for payment and reserving any and all right of suit to procure payment of benefits does not constitute assignment of benefits