Volume 10

10 Fla. L. Weekly Supp. 825b

Insurance — Personal injury protection — Standing — Assignment of PIP benefits by insured to medical provider and assignment in turn by medical provider to recovery specialists is not precluded by statute or case law

10 Fla. L. Weekly Supp. 825a

Insurance — Personal injury protection — Collection agency which is assignee of medical provider which holds assignment of benefits from insurer does not have right to sue insurer for PIP benefits under current PIP statute

10 Fla. L. Weekly Supp. 913b

Insurance — Personal injury protection — Standing — Assignment — Collection agency — Where medical provider received assignment from insured, and in turn, assigned those benefits to collection agency, collection agency has standing to bring PIP action, assuming medical provider received valid assignment from insured

10 Fla. L. Weekly Supp. 913a

Insurance — Personal injury protection — Standing — Assignment — Collection agency — Where medical provider received assignment from insured, and in turn, assigned those benefits to collection agency, collection agency has standing to bring PIP action, assuming medical provider received valid assignment from insured

10 Fla. L. Weekly Supp. 911b

Insurance — Personal injury protection — Standing — Assignment — Collection agency — Where medical provider received assignment from insured, and in turn, assigned those benefits to collection agency, collection agency has standing to bring PIP action, assuming medical provider received valid assignment from insured

10 Fla. L. Weekly Supp. 911a

Insurance — Personal injury protection — Standing — Assignment — Collection agency — Where medical provider received assignment of benefits from insured, and in turn, assigned benefits to collection agency, collection agency may pursue claim against insurer for breach of contract but does not have standing to maintain PIP action — Since debt collection agency is not medical provider, it does not come within terms of PIP statute — Summary judgment granted in favor of insurer — Question certified

10 Fla. L. Weekly Supp. 910a

Insurance — Personal injury protection — Standing — Assignment — Collection agency — Where medical provider received assignment of benefits from insured, and in turn, assigned benefits to collection agency, collection agency may pursue claim against insurer for breach of contract but does not have standing to maintain PIP action — Debt collection agency is excluded from the list of entities which may recover under section 627.736 by clear and express terms of statute — Summary judgment granted in favor of insurer

10 Fla. L. Weekly Supp. 346a

Insurance — Personal injury protection — Standing — Assignment — Medical provider did not have standing to sue insurer where assignment states that it is for benefit of entity which is not related to or affiliated with medical provider and assignment does not mention medical provider — HCFA form which was submitted by other entity and is not countersigned by insured does not create valid assignment — Notice — Medical provider has not complied with condition precedent to provide insurer with sufficient notice of loss where chiropractor who performed videofluoroscopy and range of motion tests at issue was neither licensed as medical practitioner nor certified as technician in Florida — Lawfully rendered services — Medical provider failed to lawfully render treatment to insured where provider violated law by allowing chiropractor to perform test without verifying his licensure or certification, and chiropractor violated law by testing insured without holding valid license or certificate — Services to insured were not lawfully rendered where medical provider violated administrative rule by using mobile unit to perform videofluoroscopy test when it was practicable for insured to travel to stationary radiographic installation — HCFA Form — Medical provider failed to comply with condition precedent to filing suit by knowingly and intentionally providing false, misleading, incomplete or patently deceptive information on HCFA Form by falsely indicating that it had insured’s signature on file, that no outside lab performed test, and that test was performed in its office rather than mobile lab; billing for 5 anatomical areas although only one area was tested; billing for professional component of test that it did not render; misrepresenting cost of services; indicating medical provider’s owners performed or supervised test; and naming as medical provider entity which is not registered corporation or fictitious name — Medical provider failed to “render treatment” within meaning of section 627.736 and cannot recover for treatment, where treatment was provided by independent contractor — Medical provider failed to comply with condition precedent and failed to lawfully render services where provider did not perform professional component of test but copied report of physician who performed professional component onto its own letterhead and submitted report to justify billing for professional component — Medical provider which merely provided mobile testing van used to perform test provided no “necessary medical, surgical, x-ray, dental, and rehabilitative services” or the like to insured and is not healthcare provider entitled to PIP benefits — Patient brokering — Medical provider’s activities constitute clear violation of public policy and statutes prohibiting patient brokering and split-fee arrangements — Summary judgment granted in favor of insurer — Questions certified

10 Fla. L. Weekly Supp. 908a

Insurance — Personal injury protection — Standing — Assignment — Collection agency — Where medical provider received assignment from insured, and in turn, assigned those benefits to collection agency, collection agency has standing to bring PIP action, assuming medical provider received valid assignment from insured

10 Fla. L. Weekly Supp. 357a

Insurance — Standing — Assignment — Validity — Documents executed on same date, one purporting to be assignment of benefits and another revoking any and all assignments, are inconsistent, cancel each other out, and divest medical provider of standing — Summary judgment granted in favor of insurer