Volume 13

13 Fla. L. Weekly Supp. 713a

Insurance — Personal injury protection — Standing — Assignment — Dispute between insured and insurer — Insured had capacity to send demand letter at all times — Patient information/insurance form on which insured supplied personal information but no insurance information was not assignment — Intent of medical provider and insured manifested in document revoking assignment “to degree benefits were assigned” did not establish equitable assignment, as provider did not admit to existence of assignment

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. 430a

Insurance — Personal injury protection — Argument — Mistrial — Abuse of discretion to deny motion for mistrial based on insurer’s closing argument, which was replete with references to unpled and unproven allegations of fraud and forgery — Argument was improper, highly prejudicial and in direct violation of trial court order in limine — Although trial court admonished counsel and gave curative instruction, cumulative effect of repeated misconduct rendered proceedings incurable

13 Fla. L. Weekly Supp. 191a

Insurance — Personal injury protection — Arbitration — Where neither party requested trial de novo, judgment is entered in accord with arbitrator’s decision

13 Fla. L. Weekly Supp. 185a

Insurance — Personal injury protection — Arbitration — Where neither party filed motion for trial de novo within 20 days after service of arbitrator’s decision, court is required to enter judgment in accordance with that decision

13 Fla. L. Weekly Supp. 185b

Insurance — Personal injury protection — Arbitration — Order to show cause why sanctions should not be imposed for failure to comply with order referring PIP case to arbitration is discharged — Unless parties meet deadline to designate another arbitrator, appointed arbitrator will remain arbitrator of record and will be entitled to fee

13 Fla. L. Weekly Supp. 743c

Insurance — Personal injury protection — Arbitration — Where neither party has moved for trial de novo within twenty days of service of arbitrator’s decision, court is required to enter judgment in accordance with decision

13 Fla. L. Weekly Supp. 743a

Insurance — Personal injury protection — Arbitration — Where insurer filed motion for trial de novo after expiration of time for requesting trial de novo and five-day mailing period, court is required to enter judgment in accordance with arbitrator’s decision