Volume 13

13 Fla. L. Weekly Supp. 645b

Insurance — Personal injury protection — Venue — Forum non conveniens — Where medical provider’s only nexus with county where suit was filed is fact that insurer does business there, substantially all other aspects of case are elsewhere, and large number of cases whose only connection with county is fact that insurer does business there is burden on county, motion to transfer venue is granted

13 Fla. L. Weekly Supp. 330a

Insurance — Personal injury protection — Venue — Forum non conveniens — No abuse of discretion in granting motion to transfer venue from Broward County to Palm Beach County — Although insurer’s claims office and medical provider’s counsel’s office were both located in Broward County, Palm Beach County is where insureds reside, accidents occurred, medical services were provided, and unspecified witnesses were located — No merit to argument that insurer did not establish Palm Beach County as more convenient forum because it failed to produce affidavit bearing information regarding identity of witnesses from Palm Beach County and significance of their testimony where affidavits regarding significance of unspecified witnesses’ testimony provided sufficient evidence for court to consider convenience of parties and witnesses and interest of justice

13 Fla. L. Weekly Supp. 365a

Insurance — Personal injury protection — Standing — Assignment — Where unambiguous language of purported assignment indicates that only benefit that has been assigned to provider is right to collect payment directly from insurer, document is merely direction to pay and does not assign to provider rights necessary to proceed in litigation against insurer

13 Fla. L. Weekly Supp. 349a

Insurance — Personal injury protection — Standing — Assignment — Revocation — Effective date — Parol evidence — Where written revocation of assignment signed by medical provider and insured after date insured served pre-trial demand letter is silent as to effective date of revocation, affidavits of insured and provider stating insured and provider orally agreed to revoke assignment prior to date of demand letter should be considered by court since affidavits supply omitted fact

13 Fla. L. Weekly Supp. 392a

Insurance — Personal injury protection — Standing — Assignment — Equitable — Where law allows assignment to be written, oral, or both, insured unequivocally stated intent to transfer right to have emergency services paid to ambulance service that transported him to hospital, parties acted in accord with that intent, and insurer would be justified in paying debt to ambulance service as it is entity that provided emergency services to insured, valid assignment exists

13 Fla. L. Weekly Supp. 187a

Insurance — Personal injury protection — Dispute between insured and insurer — Standing — Assignment — Where insured executed assignment of benefits in favor of medical provider, and there is no evidence of a reassignment of benefits from provider to insured at or before suit was filed, insured lacks standing to proceed in suit against insurer

13 Fla. L. Weekly Supp. 183b

Insurance — Personal injury protection — Dispute between insured and insurer — Standing — Assignment — Where insured executed assignment of benefits in favor of medical provider, and there is no evidence of a reassignment of benefits from provider to insured at or before suit was filed, insured lacks standing to proceed in suit against insurer

13 Fla. L. Weekly Supp. 639a

Insurance — Personal injury protection — Coverage — Commercial vehicle — Where insured was injured while occupant of commercial vehicle owned by car service, PIP insurer is entitled to be reimbursed by car service for all no fault benefits paid to insured — Because section 627.7405 requires owner or insurer of commercial vehicle to reimburse injured person’s PIP insurer, it is not relevant if vehicle was not insured or required to be insured under Florida law since owner is ultimately responsible

13 Fla. L. Weekly Supp. 614a

Insurance — Personal injury protection — Coverage — Commercial vehicle — Where insured was injured while occupant of commercial vehicle, PIP insurer is entitled to be reimbursed by owner of commercial vehicle for all no-fault benefits paid to insured, regardless of whether commercial vehicle was at fault in accident and whether vehicle was insured or even required to be insured

13 Fla. L. Weekly Supp. 521a

Insurance — Personal injury protection — Dump truck owned by city was a commercial motor vehicle for purposes of providing subrogation rights under Florida Statute 627.7405 to PIP insurer — PIP carrier on dump truck driver’s personal motor vehicle is entitled to reimbursement for payments made on behalf of its insured for injuries sustained while he was driving dump truck in the course and scope of his employment