Volume 10

10 Fla. L. Weekly Supp. 856a

Insurance — Personal injury protection — Standing — Assignment — Validity — Trial court granting motion to dismiss for lack of standing erred in considering weight and import of assignment of benefits and direction to pay documents filed as attachments to motion to dismiss since documents were outside four corners of complaint which alleged execution of valid assignment — Error could not be avoided by treating motion to dismiss as motion for summary judgment where fact that motion was heard the same day it was filed would violate rule requirement that motions for summary judgment be served at least 20 days before they are heard — Further, by failing to raise lack of standing in answer and affirmative defenses, insurer waived issue

10 Fla. L. Weekly Supp. 926d

Insurance — Assignment — Validity

10 Fla. L. Weekly Supp. 925b

Insurance — Personal injury protection — Standing — Assignment — Validity — Where there is nothing in document entitled “Release of Information Assignment of Payment Instructions for Direct Payment to Clinic” stating that insured relinquished rights to PIP benefits or that medical provider was accepting assignment, document is authorization for direct payment, not assignment — Motion to dismiss amended complaint granted with prejudice

10 Fla. L. Weekly Supp. 925a

Insurance — Personal injury protection — Standing — Assignment — Validity — Where there is nothing in document entitled “Release of Information Assignment of Payment Instructions for Direct Payment to Clinic” stating that insured relinquished rights to PIP benefits or that medical provider was accepting assignment, document is authorization for direct payment, not assignment — Summary judgment granted in favor of insurer

10 Fla. L. Weekly Supp. 924a

Insurance — Personal injury protection — Standing — Assignment — Where there is nothing in document entitled “Release of Information Assignment of Payment Instructions for Direct Payment to Clinic” stating that insured relinquished rights to PIP benefits or that medical provider was accepting an assignment, document is authorization for direct payment, not assignment — Motion to dismiss granted — Attorney’s fees and costs awarded to insurer

10 Fla. L. Weekly Supp. 851b

Insurance — Personal injury protection — Standing — Assignment — Validity — Document which authorizes direct payment to medical provider, but fails to convey rights of insured in insurance policy is not assignment, and medical provider had no standing to sue under contract — No error in entry of summary judgment in favor of insurer

10 Fla. L. Weekly Supp. 829a

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. 565a

Insurance — Personal injury protection — Standing — Assignment — Validity — Despite subheading “Assignment of Benefits” and use of word “assignment,” document is not assignment but direction to pay/authorization for direct payment where language only assigns payment, not rights or benefits — Complaint dismissed with prejudice

10 Fla. L. Weekly Supp. 160a

Insurance — Personal injury protection — Standing — Assignment — Validity — Medical authorization and direction to pay is valid assignment — Reservation of “right to pursue settlement, judgment or verdict” is not reservation, but statement that requirement to pay is not conditioned upon its recovery by a judgment — Retention of financial liability does not render assignment invalid — Language relating to direct payment in same document as language of assignment does not negate assignment

10 Fla. L. Weekly Supp. 1056a

Insurance — Personal injury protection — Standing — Assignment — Validity — Medical provider did not have standing to bring PIP suit against insurer based on document entitled “Appointment of Agent-in-Fact with Power of Attorney,” which states that insured retains all rights and interest in insurance policy and that medical provider will not enter into any dispute with insurer over payment of benefits and may only operate as agent-in-fact to obtain payment for medical services — Summary judgment granted in favor of insurer