Volume 11

11 Fla. L. Weekly Supp. 747a

Insurance — Personal injury protection — Standing — Assignment — Provider/assignee’s unopposed motion for partial summary judgment on assignment of benefits is granted — Reasonableness of charges — Provider’s motion for summary judgment on reasonableness of charges is granted where provider filed affidavit of billing expert in support of motion; insurer filed motions to continue and notices of taking depositions of provider’s owner, treating physician, records custodian, billing manager, and insured; insurer appeared at hearing without any opposing affidavits or other evidence, and insurer has not provided sufficient reason why court should continue hearing or justification for taking depositions in light of affidavit of billing expert who is only person qualified to testify on issue

11 Fla. L. Weekly Supp. 729a

Insurance — Personal injury protection — Standing — Assignment — Action against insurer by provider/assignee and insured — Where provider received valid assignment from insured, provider has standing to file suit but insured does not — Motion for summary judgment granted as to insured and denied as to provider

11 Fla. L. Weekly Supp. 647b

Insurance — Settlement — Enforcement — Execution of release

11 Fla. L. Weekly Supp. 647a

Insurance — Personal injury protection — Settlement agreement — Enforcement — Execution of release

11 Fla. L. Weekly Supp. 569b

Insurance — Settlement agreement — Enforcement

11 Fla. L. Weekly Supp. 827a

Insurance — Personal injury protection — Settlement agreement — Where agreement not to have order entered on parties’ motions for summary judgment was essential element of parties’ settlement agreement, trial court vacates order entered on court’s own initiative

11 Fla. L. Weekly Supp. 911a

Insurance — Personal injury protection — Service of process — Delay — Where small claims rules contemplate that summons/notice to appear should be served within 45 days from date of filing action, but rules of civil procedure allow court to excuse failure to serve for good cause or excusable neglect, court finds that attempts to negotiate settlement of this and 70 other simultaneously-filed suits constitute good cause or excusable neglect for delay in effecting service — Motion to dismiss denied

11 Fla. L. Weekly Supp. 69a

Insurance — Personal injury protection — Declaratory judgments — Legitimate dispute exists as to whether section 627.736(6)(d) requires insurer to provide health care provider with PIP Payout Log, or whether insurer is required to provide this information to “injured party” only — Declaratory judgment is appropriate vehicle for resolving this dispute — Motion to dismiss denied

11 Fla. L. Weekly Supp. 362a

Insurance — Personal injury protection — Notice of loss — Timeliness — Provider/assignee which submitted HCFA form to insurer more than thirty days after date of service failed to provide insurer with notice of covered loss — Summary judgment granted in favor of insurer

11 Fla. L. Weekly Supp. 1092b

Insurance — Personal injury protection — Coverage — Notice of claim — Where HCFA-1500 form was signed by referring physician as opposed to MRI company which provided services, provider failed to comply with statute, and insurer was not notified of covered loss