Volume 17

17 Fla. L. Weekly Supp. 1061a

Online Reference: FLWSUPP 1711TRIAInsurance — Personal injury protection — Standing — Assignment — Abuse of discretion to deny medical provider’s motion to amend complaint to add as plaintiff physician in whose favor assignment was executed personally prior to provider becoming legal entity where provider had not abused privilege to amend and there was no showing that amendment would be futile or that insurer would suffer prejudice — Abuse of discretion to refuse to accept and consider provider’s written response and legal authority in opposition to insurer’s motion for summary judgment based on ground that response was not timely filed and served

17 Fla. L. Weekly Supp. 1121a

Online Reference: FLWSUPP 1711PIERInsurance — Personal injury protection — Standing — Assignment — Validity — Document that transfers insured’s rights under PIP policy to medical provider is valid assignment

17 Fla. L. Weekly Supp. 1117a

Online Reference: FLWSUPP 1711MRODInsurance — Personal injury protection — Standing — Assignment — Where language of document captioned as assignment only grants “money,” not rights and liabilities under insurance contract, document is direction to pay, not assignment

17 Fla. L. Weekly Supp. 38a

Online Reference: FLWSUPP 1701GON3Insurance — Personal injury protection — Standing — Assignment — Validity

17 Fla. L. Weekly Supp. 1260a

Online Reference: FLWSUPP 1712ATWEInsurance — Arbitration — Where parties did not request trial de novo within deadline for such request, trial court must enter judgment in accordance with arbitrator’s decision

17 Fla. L. Weekly Supp. 219a

Online Reference: FLWSUPP 1703ESTIInsurance — Personal injury protection — Arbitration — Where parties did not request trial de novo within deadline for such request, trial court must enter judgment in accordance with arbitrator’s decision

17 Fla. L. Weekly Supp. 1118a

Online Reference: FLWSUPP 1711RFERInsurance — Application — Misrepresentations — Where there is no evidence supporting materiality of alleged misrepresentation, medical provider’s motion for final summary judgment seeking declaration of coverage is granted

17 Fla. L. Weekly Supp. 295b

Online Reference: FLWSUPP 1704FER2Insurance — Personal injury protection — Application — Misrepresentations — Where insured failed to disclose licensed son residing in household, and insurer would have required additional premium had it known of son, insurer may deny coverage for injuries sustained by son while driving mother’s insured vehicle — Insurer’s failure to return premium for period in which accident occurred did not waive insurer’s right to deny coverage to son but, rather, acknowledged that mother was covered under policy during that period — Mother cannot argue that she was unaware of misrepresentation because she failed to read policy she signed

17 Fla. L. Weekly Supp. 289a

Online Reference: FLWSUPP 1704MELLInsurance — Application — Misrepresentations — Where insured failed to disclose husband in application, and insurer returned premium, policy was void, and insurer was not required to provide coverage for insured’s claim

17 Fla. L. Weekly Supp. 1003a

Online Reference: FLWSUPP 1710TAMAInsurance — Personal injury protection — Summary judgment — Opposing affidavit — Where affidavit of insurer’s expert was sufficient to raise doubt as to reasonableness of charges, trial court erred in entering summary judgment for medical provider on issue of reasonableness, relatedness and necessity of treatment — Error to enter summary judgment in favor of provider on count seeking nominal damages for insurer’s failure to provide explanation of benefits where there is no private right of action for failure to provide EOB — Appeals — Timeliness — No merit to argument that appeal of separate summary judgment on count alleging failure to provide EOB was untimely because it was not filed within 30 days — Summary judgment on EOB count was nonfinal and nonappealable where interrelated count remained pending before trial court