Volume 12

12 Fla. L. Weekly Supp. 161a

Insurance — Personal injury protection — There is no requirement that assignment of benefits specifically state name of insurer in order to be valid and enforceable

12 Fla. L. Weekly Supp. 982a

Insurance — Personal injury protection — Standing — Assignment — Validity — Assignment which provides that insured remains personally liable for total amount due means insured is ultimately responsible to medical provider only for amount not covered by policy or not paid by insurer and is valid assignment

12 Fla. L. Weekly Supp. 813a

Insurance — Personal injury protection — Standing — Assignment — Validity — Where alleged assignment holds insured liable for total amounts payable to provider as well as cost of anyone hired by provider for collection of payment and allows provider to collect all monies for treatment without requiring provider to wait for payment from insurer, there was no consideration for assignment and no intention to create assignment — Dismissal of complaint is without prejudice but, because there will be no leave to amend and provider cannot maintain action with current assignment attached to complaint, final judgment is entered

12 Fla. L. Weekly Supp. 812a

Insurance — Personal injury protection — Standing — Assignment — Validity — Where alleged assignment states it is assignment but holds insured liable for total amounts payable to provider as well as cost of anyone hired by provider for collection of payment and allows provider to collect all monies for treatment without requiring provider to wait for payment from insurer, plain language is not indicative of intent to create assignment — Dismissal of complaint is without prejudice but, because there will be no leave to amend and provider cannot maintain action with current assignment attached to complaint, final judgment is entered

12 Fla. L. Weekly Supp. 479a

Insurance — Personal injury protection — Standing — Assignment — “Consent to Treatment and Authorizations and Guarantee” which failed to assign any and all causes of action to medical provider, failed to transfer to provider insured’s rights in insurance contract, and failed to relinquish insured’s right to PIP benefits is not assignment of benefits, but merely direction to pay — Further, provider failed to satisfy condition precedent to suit by failing to submit valid pre-suit demand letter where a valid assignment was not attached to demand letter

12 Fla. L. Weekly Supp. 93a

Insurance — Personal injury protection — Standing — Assignment — Validity — Irrevocable assignment of benefits is valid assignment and is not cancelled out by directive to pay executed on same date

12 Fla. L. Weekly Supp. 669a

Insurance — Personal injury protection — Standing — Assignment — Validity — Document directing insurer to name medical provider as payee on all checks issued for medical services rendered relative to insured’s accident is direction to pay, not assignment — Motion to dismiss granted

12 Fla. L. Weekly Supp. 166b

Insurance — Personal injury protection — Standing — Assignment — Validity — Where, despite insurer’s claim that insured executed assignment of benefits to medical provider individually rather than to plaintiff/medical provider’s professional association, it is clear from assignment that insured intended to assign benefits to plaintiff, plaintiff is entitled to partial summary judgment

12 Fla. L. Weekly Supp. 774c

Insurance — Personal injury protection — Standing — Assignment — Validity — Document that assigns payment of benefits directly to hospital and “my physicians” without naming physicians is sufficient to confer standing on medical provider where there is agency contract between provider and hospital that allows provider to collect benefits and, in essence, assigns assignments to provider — Assignment is also sufficient to give provider, as contracted physicians for hospital, right to bring claim for declaratory relief and entitles provider to copy of policy and declarations page on pre-suit request

12 Fla. L. Weekly Supp. 923a

Insurance — Personal injury protection — Standing — Assignment — Action against insurer brought by insured who executed assignment providing that she would become financially responsible for medical provider’s bills if insurer failed to pay claim and who subsequently paid bills when insurer denied claim — Trial court erred in granting insurer’s motion for summary judgment based on insured’s lack of standing where there exist genuine issues of material fact as to whether assignment was extinguished either by insurer’s refusal to pay bills, by agreement between provider and insured, or by insured’s payment to provider