Volume 15

15 Fla. L. Weekly Supp. 155a

Insurance — Personal injury protection — Standing — Assignment — Validity

15 Fla. L. Weekly Supp. 61b

Insurance — Personal injury protection — Demand letter — Sufficiency — Where demand letter and attached itemization does not specifically state services rendered, exact amount owed or date of relevant treatment, and amount claimed exceeds unpaid balance shown on payment ledger, demand letter is not sufficient — Standing — Assignment — Insured who assigned benefits to medical provider and has not obtained revocation of assignment lacks standing — Assignment did not automatically revert back to insured when provider was paid in full

15 Fla. L. Weekly Supp. 880b

Insurance — Personal injury protection — Standing — Assignment — Insurer’s tender of payment to medical providers after insured filed suit does not amount to confession of judgment such that insurer waived standing defense against insured who assigned benefits to providers — Record does not support insured’s argument that providers reassigned cause of action to her and she remained responsible for payment

15 Fla. L. Weekly Supp. 820a

Insurance — Personal injury protection — Demand letter — Sufficiency — Demand letter that failed to name any medical provider who rendered services or include itemized statement of each exact amount at issue was legally insufficient — 2003 amendment to section 627.736(11)(a) eliminated argument that insurer’s anticipatory breach of policy by denying coverage based on unpaid premium relieved insured of requirement to file demand letter — Standing — Assignment — Where insured had assigned benefits to medical provider and did not obtain revocation of assignment prior to filing demand letter, insured did not have standing to seek payment for bills at issue

15 Fla. L. Weekly Supp. 932c

Insurance — Personal injury protection — Standing — Assignment that explicitly states that it is not assignment of any cause of action did not assign right to bring suit to medical provider — Further, demand letter with insufficient assignment attached failed to satisfy condition precedent of submitting valid pre-suit demand letter — Summary judgment granted in favor of insurer

15 Fla. L. Weekly Supp. 729a

Insurance — Personal injury protection — Explanation of benefits — Insurer breached PIP policy by failing to provide EOB and failing to provide copy of policy and endorsements requested in demand letter — Standing — Assignment that assigned benefits but not cause of action is sufficient

15 Fla. L. Weekly Supp. 967a

Insurance — Personal injury protection — Standing — Assignment — Insured may execute assignments in favor of multiple medical providers — Affirmative defenses — Amendment — Denial — Abuse of discretion to not allow insurer to amend affirmative defenses to add exhaustion of benefits defense where proffered affirmative defense does not prejudice medical provider — Error to enter summary judgment despite existence of disputed issue of fraud

15 Fla. L. Weekly Supp. 1213c

Insurance — Personal injury protection — Standing — Assignment — Where assignment explicitly states that it does not assign any cause of action, medical provider lacks standing to bring suit for PIP benefits — Further, provider failed to satisfy condition precedent to bringing suit by failing to submit valid demand letter where assignment attached to demand letter did not confer right to bring suit

15 Fla. L. Weekly Supp. 1147b

Insurance — Personal injury protection — Standing — Assignment — Error to find that assignment is invalid because it was not executed by medical provider where clause requiring execution by provider refers only to agreement to arbitrate, not entire assignment, and is without effect because it lacks consideration — Assignment is unilateral contract that became binding when provider furnished medical services — Moreover, insurer with no privity to assignment has no standing to challenge its validity — Equitable assignment — Even if contract creating assignment were deficient as legal matter, where intent of parties to enter into assignment is clear, equitable assignment was created

15 Fla. L. Weekly Supp. 189a

Insurance — Personal injury protection — Standing — Assignment — Motion for summary judgment asserting that medical provider/professional association lacks standing because assignment is to medical provider personally is denied where factual dispute exists as to intent to form equitable assignment