Volume 12

12 Fla. L. Weekly Supp. 164b

Insurance — Personal injury protection — Standing — Assignment of benefits in name of physician in individual capacity does not create standing for plaintiff conducting business under fictitious name — Suit cannot be maintained by fictitious entity where entity is not registered as required by section 865.09 and has not provided any evidence of exemption from registration

12 Fla. L. Weekly Supp. 1091a

Insurance — Personal injury protection — Standing — Assignment — Where insured made unqualified irrevocable assignment of “any and all causes of action” under policy to medical provider, insured’s subsequent medical provider who also accepted assignment of benefits has no right to make claim on policy and has no cause of action against insurer — Question certified

12 Fla. L. Weekly Supp. 805b

Insurance — Personal injury protection — Declaratory judgment — PIP insurer is required to provide declarations page, policy and PIP log upon pre-suit request by provider — Standing — Assignment — Document entitled “Consent to Treatment and Authorizations and Guarantee” is assignment of benefits — Assignment given to hospital covers emergency room physicians where assignment clearly references “my physicians” — Even if physicians were not included in assignment, equitable assignment is created where affidavits evidence intent of insured and physicians to give and receive assignment, and insurer would be quite justified in paying physicians for treatment rendered to insured at hospital

12 Fla. L. Weekly Supp. 1008b

Insurance — Personal injury protection — No error in denying insurer’s motion for summary judgment for lack of standing and subsequent motion for directed verdict, in which insurer contended that insured’s rescission of assignment was not valid, where there were disputed issues of material fact as to whether insured had rescinded his assignment — Insurer unable to demonstrate that there was complete absence of evidence to support trial court’s award of damages, entered upon jury verdict

12 Fla. L. Weekly Supp. 369b

Insurance — Personal injury protection — Demand letter — PIP action brought by insured after medical provider reassigned all of insured’s PIP benefits back to her — Pre-suit demand letter filed by medical provider failed to satisfy condition precedent to insured filing suit — Summary judgment granted in favor of insurer

12 Fla. L. Weekly Supp. 1091b

Insurance — Personal injury protection — Standing — Assignment — Where plaintiff medical provider did not have standing at time suit was filed due to prior assignment in favor of another medical provider, plaintiff cannot obtain standing based on reassignment of benefits subsequent to filing of suit — Motion to amend denied

12 Fla. L. Weekly Supp. 945a

Insurance — Personal injury protection — Standing — Assignment — Post-suit assignment — Error to enter summary judgment finding medical provider lacks standing because there was no equitable or written assignment at time suit was filed where, by amending complaint to attach assignment executed by insured after suit was filed, provider was able to demonstrate that genuine issue of material fact existed as to whether provider had standing to sue — Provider can perform condition precedent to filing of complaint after complaint is filed provided provider amends complaint to allege condition within time allowed by statute of limitations — Further, insurer’s opinion that it is not obligated to pay any PIP benefits is incorrect since insured who has complied with all obligations under policy has right to benefits

QUASHED. 30 Fla. L. Weekly D2622b

12 Fla. L. Weekly Supp. 1144a

Insurance — Personal injury protection — Standing — Assignment — Purported oral assignment made by mother of minor insured, raised for first time in affidavit filed three days prior to summary judgment hearing, fails for lack of notice — Minor’s lack of capacity to sue would present procedural hurdle which could be remedied by appointment of guardian or next friend, but would not foreclose minor’s ability to ultimately have her interests determined by court — Minority of insured does not in and of itself invalidate written assignment, as contract of minor is voidable rather than void — Where there is no evidence that minor insured sought to disaffirm assignment, and minor reaffirmed intent to assign benefits in affidavit filed in opposition to insurer’s motion for summary judgment, entry of final summary judgment in favor of insurer was improper

12 Fla. L. Weekly Supp. 103a

Insurance — Personal injury protection — Standing — Assignment — Equitable — Valid equitable assignment exists regardless of specific language in document and fact that it was unsigned — Florida does not require assignment to be in writing, there is ample evidence of intent of insured who was unable to sign assignment because she was strapped to backboard and of provider/ambulance service, and insurer would be justified in paying debt to provider which provided emergency services to insured

12 Fla. L. Weekly Supp. 774a

Insurance — Personal injury protection — Standing — Assignment — Motion to dismiss is granted where assignment names medical provider other than plaintiff