Volume 11

11 Fla. L. Weekly Supp. 141a

Insurance — Personal injury protection — Standing — Assignment — Validity — Where insured signed direction to pay that specifically provides that it is not an assignment and that it can be revoked only by written notice by certified mail, after filing PIP action medical provider provided insurer with later-signed document assigning benefits, and there is no evidence that first document was revoked in accordance with its terms, documents cancel each other out and there is no basis for standing of medical provider — Summary judgment granted in favor of insurer

11 Fla. L. Weekly Supp. 934b

Insurance — Personal injury protection — Standing — Assignment — Validity — Document that merely authorizes medical provider to receive payment of benefits is insufficient to operate as legal or equitable assignment

11 Fla. L. Weekly Supp. 914b

Insurance — Personal injury protection — Standing — Assignment — Validity — Document which although titled “Authorization and Assignment” only allows for direct payment is direction to pay, not assignment — Final summary judgment granted in favor of insurer

11 Fla. L. Weekly Supp. 893a

Insurance — Personal injury protection — Standing — Assignment — Validity — Trial court correctly concluded that document that only authorizes direct payment to medical provider and does not transfer right or benefits under PIP policy is not assignment of benefits

11 Fla. L. Weekly Supp. 163a

Insurance — Personal injury protection — Standing — Assignment — Validity — Where, although documents are titled “assignment,” plain language of documents is not indicative of intent of insured to give up rights and benefits under insurance policy, documents are direction to pay, not assignment — Insurer’s motion for summary judgment granted

11 Fla. L. Weekly Supp. 152b

Insurance — Personal injury protection — Provider lacked standing to bring action against insurer based on document which was entitled “Assignment of Benefits” but which was merely functional equivalent of a direction to pay

11 Fla. L. Weekly Supp. 137b

Insurance — Personal injury protection — Standing — Assignment — Validity — Where there is nothing in purported assignment stating that insured relinquished her rights to PIP benefits or that medical provider was accepting assignment, document is authorization for direct payment, not assignment — Motion to dismiss granted

11 Fla. L. Weekly Supp. 964c

Insurance — Personal injury protection — Assignment — Coverage — Conditions precedent — Examination under oath — Medical provider/assignee — Document providing that insured is transferring and conveying all rights, title, and interest in medical expense reimbursement was valid assignment and not merely a direction to pay — Assignment does not transfer to health care provider the obligation to attend an examination under oath — Under clear terms of insurance policy drafted by insurer, neither facility which employed physician nor treating physician was required to attend EUO as condition precedent to filing suit — Order dismissing case reversed

11 Fla. L. Weekly Supp. 413a

Insurance — Personal injury protection — Standing — Assignment — Validity — Agreement that transfers to medical provider an insured’s legal right to payment of PIP benefits is valid assignment

11 Fla. L. Weekly Supp. 1112b

Insurance — Personal injury protection — MRI — Assignment executed by insured in favor of plaintiff was legally valid and sufficient to confer standing — Florida law does not require patient to countersign legally assigned invoice, bill or health insurance claim form as condition precedent to payment of claim — Bill for MRI is not invalid merely because amount charged exceeds amount of applicable MRI Fee Schedule — MRI was reasonable and necessary diagnostic test which was related to injuries sustained in motor vehicle accident, and bill for MRI was submitted to insurer within 30 days of MRI — Plaintiff’s motion for summary judgment granted