Volume 11

11 Fla. L. Weekly Supp. 442b

Insurance — Personal injury protection — Small claims — Attorney’s fees — Proposal for settlement — Motion to strike proposal for settlement made pursuant to section 768.79 in small claims PIP action is denied — Motion to stay proceedings pending Florida Supreme Court’s resolution of related certified questions is denied

11 Fla. L. Weekly Supp. 441b

Insurance — Personal injury protection — Small claims — Attorney’s fees — Proposal for settlement — Motion to strike proposal for settlement/offer of judgment in small claims PIP action is denied

11 Fla. L. Weekly Supp. 440b

Small claims — Attorney’s fees — Proposal for settlement — Motion to strike defendant’s proposal for settlement denied

11 Fla. L. Weekly Supp. 650b

Insurance — Personal injury protection — Venue — Forum non conveniens — Where PIP policy was issued in Tampa, bills indicate all treatment was rendered in Tampa, insured lives and accident occurred in Tampa, and actions by insurer on claim were handled out of Tampa office, motion to transfer venue from Orange County to Hillsborough County is granted

11 Fla. L. Weekly Supp. 857a

Insurance — Personal injury protection — Venue — Forum non conveniens — Although Seminole County is proper venue within which to sue insurer, Hillsborough County is more convenient venue and better serves interest of justice where only connection of suit or underlying claim to Seminole County is location of office of plaintiff’s attorney’s office, and Hillsborough County was site of accident, claim adjustment, and provision of medical treatment — Insurer did not waive issue of venue by failing to comply with small claims rule and right to venue language in summons by not raising issue on or before pre-trial conference

11 Fla. L. Weekly Supp. 583b

Insurance — Personal injury protection — Venue

11 Fla. L. Weekly Supp. 1084b

Insurance — Personal injury protection — Stay of proceedings granted after entry of summary judgment in favor of insurer is vacated where there is no civil procedure rule allowing for stay of proceedings, and no appeal can be taken by medical provider because more than 30 days has passed since entry of summary judgment and motion for stay does not toll time for taking appeal

11 Fla. L. Weekly Supp. 568a

Insurance — Personal injury protection — Standing — Assignment — Validity — Where medical provider provided emergency care for insured following automobile accident, insured was unable to sign assignment because he was immobilized, and insured testified to intent and reasonable expectation that insurer would pay bill, insurer’s argument that provider is unable to recover for services because assignment was not signed is illogical — Assignment may be implied from circumstances — Summary judgment granted in favor of provider

11 Fla. L. Weekly Supp. 1008a

Insurance — Personal injury protection — Standing — Assignment — Where insured assigned benefits to medical provider, clinic filed suit against insurer as assignee or third party beneficiary, insurer filed answer asserting that clinic lacked standing, and provider subsequently reassigned benefits to clinic, clinic’s motion to amend complaint to substitute party is denied as attempt to improperly substitute party and avoid pre-suit requirements of PIP statute

11 Fla. L. Weekly Supp. 1009a

Insurance — Personal injury protection — Standing — Assignment — Where insurer created document, referred to it as assignment, and treated it as assignment by making payments to medical providers in accordance with insurer’s standard business practice of paying benefits directly to providers only if they have assignment or direction to pay, it would be inequitable to permit insurer to deny document is assignment as it seeks dismissal of provider’s action for PIP benefits based on lack of standing — Whether by construing ambiguity against insurer or by estoppel, document is assignment — Motion for summary judgment on standing issue denied