Volume 10

10 Fla. L. Weekly Supp. 197a

Insurance — Personal injury protection — Standing — Assignment — Validity — Policy language providing that no “change of interest” is effective without written consent of insurer is ambiguous — PIP insured may assign medical benefits after loss regardless of any non-assignable language in policy — Motion for summary judgment on insurer’s affirmative defense denied

10 Fla. L. Weekly Supp. 732c

Insurance — Standing — Assignment — Medical practice group has no standing to proceed in action where assignment purports to assign benefits to individual physician

10 Fla. L. Weekly Supp. 921a

Insurance — Plaintiff, who was insured’s purported assignee, lacked standing to sue where benefits were exhausted before suit was filed

10 Fla. L. Weekly Supp. 642b

Insurance — Dispute between medical provider and insurer — Standing — Assignment — Complaint is dismissed with prejudice where assignment attached to complaint assigns benefits to legal entity separate from plaintiff medical provider — Attorney’s fees — Insurer’s proposal for settlement filed less than 90 days after filing of complaint is stricken and will not serve as basis for recovery of attorney’s fees and costs

10 Fla. L. Weekly Supp. 547c

Insurance — Standing — Assignment — Plaintiff medical provider has no standing to proceed in action where attachment to complaint assigns benefits to different medical provider — Action dismissed with leave to amend

10 Fla. L. Weekly Supp. 547b

Insurance — Standing — Assignment — Plaintiff medical provider has no standing to proceed in action where attachment to complaint assigns benefits to different medical provider — Action dismissed with leave to amend

10 Fla. L. Weekly Supp. 547a

Insurance — Standing — Assignment — Plaintiff medical provider has no standing to proceed in action where attachment to complaint assigns benefits to different medical provider — Action dismissed with leave to amend

10 Fla. L. Weekly Supp. 1045b

Insurance — Arbitration — Contracts — Motion to dismiss suit due to failure to first seek contractually-required mandatory arbitration is denied where documents do not demonstrate that plaintiff knowingly bound itself to arbitration

10 Fla. L. Weekly Supp. 263a

Insurance — Personal injury protection — Application — Misrepresentation — Declaratory judgments — Where insurance agent filled out application for insurance with knowledge that insured had two daughters and that one daughter had a learner’s permit, agent wrote answers on application contrary to those facts by listing insured and spouse as only residents of household, and agent or her secretary did not read application verbatim in Spanish to insured whom agent knew does not read or speak English, insurer is estopped to allege misrepresentation to cancel policy

10 Fla. L. Weekly Supp. 178b

Insurance — Marine — Void policy — Material misrepresentations on application — Underwriters’ motion for summary judgment seeking ruling that policy of marine insurance is void due to material misrepresentations on application for insurance is denied where there exist genuine issues of material fact with regard to materiality of facts omitted or misrepresented