Volume 15

15 Fla. L. Weekly Supp. 1201a

Insurance — Personal injury protection — Standing — Assignment — Reformation — Where it is undisputed that assignment contains scrivener’s error naming wrong assignee, and true intent of parties to assignment was to name medical provider personally, rather than medical center, as assignee, provider and insured are entitled to reformation of assignment — Reformation relates back to date assignment was executed and renders insurer’s defense of lack of standing moot — Motion to dismiss reformation count for failure to name medical center as indispensable party is denied where it was unnecessary to add center as party because center is wholly owned by medical provider who was before court

15 Fla. L. Weekly Supp. 282b

Insurance — Personal injury protection — Fraud on court — Sanctions — Where insurer repeatedly and contumaciously violated court orders and falsely attested that medical bills at issue were applied to deductible and as to amount expert witness was paid for participation in another trial, insurer’s pleadings are stricken and default is entered

15 Fla. L. Weekly Supp. 263a

Insurance — Personal injury protection — Reimbursement from owner or insurer of commercial vehicle — Taxicab passenger — Taxi company’s commercial and general liability insurance carrier is required to reimburse injured passenger’s PIP insurer — Where evidence shows vehicle was primarily used for business, occupational, and professional purposes, sedan occupied by insured at time of accident is deemed commercial motor vehicle regardless of shape of vehicle — Interpretation of statute to provide that sedan is never commercial vehicle would lead to unreasonable and impractical reading of statute — Fact that commercial policy does not include no-fault coverage is irrelevant since policy is clearly intended to cover losses due to accident, and there is no dispute that current loss relates to accident

15 Fla. L. Weekly Supp. 913a

Insurance — Personal injury protection — Reimbursement by insurer of commercial vehicle — Florida Highway Patrol sedan is commercial vehicle within meaning of statute providing for reimbursement of PIP carrier for benefits paid for injuries sustained by insured while occupant of commercial vehicle

15 Fla. L. Weekly Supp. 912a Insurance — Personal injury protection — Reimbursement by insurer of commercial vehicle — Florida Highway Patrol sedan is not

15 Fla. L. Weekly Supp. 375a

Insurance — Personal injury protection — Counties — Sovereign immunity — Action by PIP carrier against county/employer of insured for reimbursement of PIP benefits paid for injuries incurred while insured was occupant of county-owned vehicle is dismissed — County cannot be sued for cause of action under PIP statute

15 Fla. L. Weekly Supp. 1219a

Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Statute does not require that licensed medical professional sign D&A form on date of initial treatment or service

15 Fla. L. Weekly Supp. 1233a

Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Failure to use state-mandated D&A form and use of alternate form instead does not preclude payment of PIP benefits

15 Fla. L. Weekly Supp. 180a

Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Necessity — Where PIP policy was issued prior to effective date of statutory amendment imposing D&A form requirement, form is not required — Signature of medical provider — MRI — Even if D&A form requirement were applicable, where MRI was begun by technician in face-to-face encounter with insured and completed outside insured’s presence by radiologist interpreting test, signature by radiologist was not required — When imaging center performs both components of test, signature by radiologist is only required when insured and radiologist have face-to-face contact

15 Fla. L. Weekly Supp. 638a

Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Where medical records and bills were submitted to insurer with standard D&A form, insurer was on notice of services and treatment rendered