Volume 11

11 Fla. L. Weekly Supp. 204a

Insurance — Personal injury protection — Standing — Assignment — Validity — Document stating insured assigns benefits payments to medical provider clearly assigns benefits to provider and is not rendered ambiguous by additional provision directing insurer to make direct payments to provider — Taking of live testimony at summary judgment hearing, in effort to resolve alleged ambiguity in assignment, constitutes reversible error even in absence of contemporaneous objection — Order granting summary judgment in favor of insurer reversed

11 Fla. L. Weekly Supp. 456b

Insurance — Personal injury protection — Standing — Assignment — Validity — Document assigning amount due insured under policy is valid assignment

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provider provided insurer with later-signed document assigning benefits, and there is no evidence that first document was revoked in accordance with its terms, documents cancel each other out and there is no basis for standing of medical provider — Summary judgment granted in favor of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. 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provider provided insurer with later-signed document assigning benefits, and there is no evidence that first document was revoked in accordance with its terms, documents cancel each other out and there is no basis for standing of medical provider — Summary judgment granted in favor of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. 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. 337a

Insurance — Personal injury protection — Coverage — Medical bills — Where insurer requested that provider/assignee provide definitive description of supply charge on bill within ten days of receipt of bill, and provider failed to provide requested information until after filing suit, action was filed prematurely before satisfying all conditions precedent — Summary judgment granted in favor of insurer

11 Fla. L. Weekly Supp. 940a

Insurance — Personal injury protection — Standing — Assignment — Revocation — Insured’s action against insurer — Where assignment by its express terms was irrevocable unless subsequent revocation was in writing, there was no written revocation of assignment prior to insured filing suit, and assignee’s oral relinquishment did not transfer back right to bring suit, insured did not have standing to bring action when complaint was filed — Summary judgment granted in favor of insurer

11 Fla. L. Weekly Supp. 570b

Insurance — Personal injury protection — Standing — Assignment — Validity — Motion to dismiss provider’s action against insurer for lack of standing and lack of subject matter jurisdiction on ground that alleged assignments were not assignments as matter of law, but merely directions to pay, denied based on conclusion that language of document containing alleged assignment was ambiguous as to whether insured intended to transfer all rights to make a claim on the policy, or whether insured had reserved some right to make a claim — Motion to dismiss cannot be granted on ground that plaintiff did not incorporate in or attach to the complaint the alleged assignments because defendant did not move to dismiss complaint on this ground — Although motion to dismiss for lack of subject matter jurisdiction may properly go beyond four corners of complaint when it raises solely a question of law, defendant’s motion was unsupported by any affidavit or verification of the documents attached to the motion, and in any event, allegations that insured executed an assignment on behalf of plaintiff was legally sufficient to withstand motion to dismiss — If motion to dismiss were treated as motion for summary judgment, court would also deny that motion given that document containing alleged assignment presents genuine issue of material fact for trier of fact