Volume 11

11 Fla. L. Weekly Supp. 843a

Insurance — Personal injury protection — Standing — Assignment — Validity — Where contradictory documents direct insurer to pay plaintiff medical provider and physician for same medical services, and insured did not understand he was transferring rights, plaintiff does not have valid assignment or standing — Coverage — Conditions precedent — Independent medical examination — Notice of IME sent to insured’s attorney is imputed to insured — Insured’s contradictory reasons for not attending IME, asserting that he could not leave work to attend and that he forgot IME while attending to private family job, makes failure to attend unreasonable and breach of contract — Summary judgment entered in favor of insurer

11 Fla. L. Weekly Supp. 223b

Insurance — Personal injury protection — Independent medical examination — Agreed order on plaintiff’s objections to defendant’s request for orthopedic medical examination

11 Fla. L. Weekly Supp. 821a

Insurance — Personal injury protection — Standing — Assignment — Validity — Medical provider violated section 865.09(9)(a) by bringing suit in name not registered as fictitious name in state — Assignment in favor of fictitious name not registered in state at time of execution of assignment is invalid — Fraud — Claim brought in unregistered fictitious name of medical provider but with federal tax identification number belonging to provider’s corporate parent was presented with specific intent to mislead or deceive insurer — Motion to dismiss granted with leave to amend complaint

11 Fla. L. Weekly Supp. 885b

Insurance — Personal injury protection — Fraud on court — Sanctions — Striking pleadings — No abuse of discretion to strike insurer’s pleadings where insurer, with actual and constructive notice and knowledge, filed false motion for summary judgment predicated on adjuster’s misleading affidavit stating that medical provider could not seek reimbursement for medical bills because bills had not been submitted within 30 days of rendition of treatment based on statutory provision that insurer knew was not in effect at any time material to medical services provided

Cert. denied. 30 Fla. L. Weekly D607b

11 Fla. L. Weekly Supp. 674a

Insurance — Personal injury protection — Plaintiff not entitled to summary judgment on claim that insurer breached its statutory obligation to provide a claimant an itemized specification of each item that insurer has reduced, omitted, or declined to pay, where there is disputed issue of fact as to what type of notice of claim was in fact provided by plaintiff

11 Fla. L. Weekly Supp. 673b

Insurance — Personal injury protection — Explanation of benefits — Where insurer concedes that it failed to provide insured with statutorily-mandated explanation of benefits for unpaid claim, summary judgment is granted in favor of provider on count alleging breach of contract for failure to provide explanation of benefits

11 Fla. L. Weekly Supp. 61b

Insurance — Personal injury protection — Insurer breached contract with insured by failing to provide insured with written explanation of benefits as required by statute — Provider/assignee was required to institute action to compel compliance with this statutory provision — Plaintiff, as prevailing party, is entitled to attorney’s fees

11 Fla. L. Weekly Supp. 48a

Insurance — Personal injury protection — Expert witness fee — Compensation rate for IME physician

11 Fla. L. Weekly Supp. 345c

Insurance — Personal injury protection — In order to be condition precedent, examination under oath must be requested before suit is filed

11 Fla. L. Weekly Supp. 748c

Insurance — Personal injury protection — Coverage — Denial — Examination under oath — Failure to attend — Motion to strike affirmative defense denied — Failure to attend EUO is affirmative defense to action under PIP policy even in action for declaratory relief — Questions of fact as to whether insurer failed to timely request EUO or failed to permit insured to audiotape EUO are not appropriate to consider under motion to strike