Volume 12

12 Fla. L. Weekly Supp. 1104c

Insurance — Personal injury protection — Standing — Assignment — Insured who assigned benefits to medical providers had no standing to file suit — Explanation of benefits — Where insurer mailed EOBs, not only to providers, but also to insured at time any reductions were made as well as whenever any bill was processed regardless of whether reduction was taken, insurer went above and beyond statutory requirements and is not legally obligated to provide additional EOB copies requested by insured’s counsel

12 Fla. L. Weekly Supp. 1103b

Insurance — Personal injury protection — Standing — Assignment — Insured who has entered into irrevocable assignment of benefits with medical provider has no standing to maintain suit against insurer

12 Fla. L. Weekly Supp. 520a

Insurance — Personal injury protection — Small claims — Application of Rules of Civil Procedure — Notice — Medical provider waived right to raise on appeal issue of trial court’s failure to enter order providing that rule 1.140(c) would apply in small claims PIP action before granting motion for judgment on pleadings where parties stipulated that insurer would be filing motion to dismiss based on lack of standing, medical provider was served with notice that motion for judgment on pleadings would be argued at hearing, motion for judgment on pleadings was filed more than six weeks before hearing, and provider failed to object to application of rule — Standing — Assignment — Where ambiguity in document that states it constitutes assignment of benefits not assignment of cause of action is patent, trial court correctly confined review to document itself without allowing extrinsic evidence to interpret ambiguity and correctly determined that no factual dispute existed — Construing conflicting statements in document against provider as drafter of document, trial court correctly determined that document did not create valid assignment — Provider’s pleading regarding equitable assignment was sufficient to survive motion for judgment on pleadings where complaint alleged insured signed document intending to assign benefits to provider, which was created in consideration of provider’s providing medical services, forgoing its right to immediately collect payment from insured, and performing tasks commensurate with litigating claim against insurer

12 Fla. L. Weekly Supp. 975a

Insurance — Personal injury protection — Standing — Assignment — Irrevocable assignment of benefits is not cancelled by directive to pay executed on same day — Insurer lacks standing to challenge legal sufficiency of assignment to which it is not party — Coverage — Medical expenses — Where insurer has failed to substantially impeach medical expert testimony of treating physician or present countervailing evidence from licensed physician to dispute reasonableness, relatedness or necessity of treatment prior to suspension based on independent medical examination, medical provider is entitled to partial summary judgment — Summary judgment is granted in favor of provider on issue of fraud where insurer has failed to properly plead or prove fraud

12 Fla. L. Weekly Supp. 670a

Insurance — Personal injury protection — Standing — Medical provider that is neither registered corporation nor registered fictitious name is precluded from maintaining suit — Complaint dismissed with leave to amend to name proper party plaintiff

12 Fla. L. Weekly Supp. 669d

Insurance — Personal injury protection — Standing — Medical provider that is neither registered corporation nor registered fictitious name is precluded from maintaining suit — Complaint dismissed with leave to amend to name proper party plaintiff

12 Fla. L. Weekly Supp. 587a

Arbitration — Insurance — Where time to make request for trial de novo has passed without either party filing motion, court unseals arbitrator’s decision and enters judgment in accordance with decision

12 Fla. L. Weekly Supp. 937b

Insurance — Personal injury protection — Arbitration — Where trial court referred dispute between provider and insurer to statutory, nonbinding arbitration without specifying a desire to limit the arbitration to any particular matter in dispute, the entire controversy, including coverage issues, was to be resolved in the proceeding — Because insurer failed to request trial de novo within 20 days of arbitration decision, trial court was obliged to enter final judgment in accordance with arbitration decision in favor of provider, notwithstanding insurer’s subsequent request for trial on coverage defenses of material misrepresentation and failure to appear for examination under oath

12 Fla. L. Weekly Supp. 1120a

Insurance — Automobile — Application — Misrepresentations — Where parties agree that insured made material misrepresentation on insurance application by failing to indicate that he had numerous felony convictions in response to question specifically requesting that information, and plain language of application states that if applicant has felony conviction risk of insuring applicant is unacceptable, misrepresentation voided policy from its inception and insurer can deny coverage despite failing to comply with statute and policy provision requiring 45 day notice prior to cancellation of policy

12 Fla. L. Weekly Supp. 156b

Insurance — Personal injury protection — Material misrepresentations — Where insured disclosed during examination under oath that he was pizza delivery person, not a pizza maker as indicated in his insurance application, and that he was using his vehicle to deliver a pizza at time of accident which gave rise to claim for PIP benefits, but insurer failed to return entire premium or give notice of its intent to rescind policy for over two years after EUO, insured waived its right to raise material misrepresentation defense — Insured’s motion for summary judgment as to defense of misrepresentation granted