Volume 15

Case Search

ARTIBONITE INJURY CARE CENTER, (a/a/o Rigobert Leger), Plaintiff, v. NEW HAMPSHIRE INDEMNITY COMPANY, INC., Defendant.

15 Fla. L. Weekly Supp. 188b

Insurance — Personal injury protection — Standing — Assignment — Validity — No merit to claims that assignment does not identify policy being assigned or that there is no evidence that assignment attached to demand letter and to complaint was executed before suit was filed — Affidavit clarifies any ambiguity in assignment — There is no requirement that assignment be signed by medical provider or witnesses — Even if assignment were invalid, assignment combined with affidavit demonstrates existence of equitable assignment — Motion for summary judgment denied

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SOUTH FLORIDA PAIN & REHABILITATION CENTER (a/a/o Andrew Knowles), Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant.

15 Fla. L. Weekly Supp. 936a

Attorney’s fees — Insurance — Personal injury protection — Arbitration — Trial de novo — Insurer that prevailed in trial de novo following arbitration award in favor of medical provider is not entitled to award of attorney’s fees under arbitration statute that provides for assessment of fees against party that requests trial de novo if judgment is not more favorable than arbitration decision where insurer, not provider, requested trial — Insurer is entitled to award of costs under section 57.041

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BANAT INVESTMENT CORPORATION, Plaintiff, vs. CERTAIN INTERESTED UNDERWRITERS AT LLOYD’S, LONDON SUBSCRIBING TO CERTIFICATE NO. JH961576A, an Unincorporated foreign association of Individuals, Defendant.

15 Fla. L. Weekly Supp. 361a

Insurance — Commercial property — Surplus lines — Appraisal — Insurer did not waive binding appraisal provision of policy by disputing coverage and not requiring appraisal until after suit was filed — Insured has not shown waiver of appraisal by delay, repudiation of contract, prejudice to insured or because ongoing repairs make appraisal impossible or impractical — Hurricane mediation — No merit to claim that section 627.7015 bars enforcement of appraisal provision because insurer failed to notify insured of right to participate in hurricane mediation program under statute bcause statute does not apply to surplus lines insurance — Suit stayed pending outcome of appraisal

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