Volume 15

15 Fla. L. Weekly Supp. 499a

Insurance — Personal injury protection — Standing — Assignment — Validity — Insurer’s motion for final judgment on pleadings is denied — No merit to claim that use of abbreviation of medical provider’s name in body of assignment and variation of provider’s name in heading of assignment created confusion or otherwise invalidated assignment — Pleadings allege equitable assignment

15 Fla. L. Weekly Supp. 1030a

Insurance — Personal injury protection — Declaratory judgment — Unsworn, unsigned fax letter from insurer’s adjuster and cancellation language included on installment notice did not satisfy requirement that insurer provide statement under oath of corporate officer, claim manager, or superintendent setting forth any policy or coverage defense as requested in demand letter — Standing — Assignment is facially sufficient to create standing for medical provider to maintain declaratory judgment action — Suit for declaratory relief is appropriate where provider was left in doubt as to its rights

15 Fla. L. Weekly Supp. 141a

Insurance — Personal injury protection — Standing — Where suit was filed in name of treating physician, and physician’s name is on every relevant document in suit, but tax identification number provided on claim form pertains to non-party corporation owned by physician and his wife, physician has standing to enforce claim either as individual or as representative for corporation — Error to enter summary judgment for insurer

15 Fla. L. Weekly Supp. 1119b

Insurance — Personal injury protection — Standing — Assignment — Where there is no proof that entity named in assignment and plaintiff/medical provider are different entities, assignment is sufficient to confer standing

15 Fla. L. Weekly Supp. 613a

Insurance — Personal injury protection — Standing — Assignment — Medical provider/professional association lacks standing where, prior to executing purported assignment to professional association, insured assigned benefits for same services and charges to medical provider in individual capacity, and prior assignment was not mutually revoked at time of assignment to professional association — Further, where assignment attached to demand letter was invalid, condition precedent to suit has not been satisfied — Summary judgment granted in favor of insurer

15 Fla. L. Weekly Supp. 1012a

Insurance — Personal injury protection — Standing — Assignment — Where record contains insufficient evidence to resolve dispute as to whether plaintiff is same entity named in assignment, trial court is precluded from entering summary judgment on standing issue — Waiver — Defense of lack of standing was waived where defense was not raised in answer or other pleading

15 Fla. L. Weekly Supp. 1011c

Insurance — Personal injury protection — Insurer breached PIP policy by failing to furnish medical provider with explanation of benefits and copy of policy and endorsements requested in demand letter — Standing — Assignment to name that differed from plaintiff’s name is sufficient to confer standing

15 Fla. L. Weekly Supp. 1105a

Insurance — Personal injury protection — Standing — Assignment — Medical provider who used unregistered fictitious name on assignment cannot recover PIP benefits — Provider also lacked standing to issue demand letter

15 Fla. L. Weekly Supp. 1119c

NOT FINAL VERSION OF OPINION
Subsequent Changes at 16 Fla. L. Weekly Supp. 191a

Insurance — Personal injury protection — Standing — Assignment — Motion for summary judgment is denied where there is genuine issue of material fact as to validity of assignment

15 Fla. L. Weekly Supp. 155c

Insurance — Personal injury protection — Standing — Assignment — Validity