Volume 19

19 Fla. L. Weekly Supp. 202c

Online Reference: FLWSUPP 1903HIGDInsurance — Personal injury protection — Standing — Assignment — Insured must execute separate assignment of benefits to medical provider for each claim in which benefits are sought — Provider with assignment from insured’s prior accident but no assignment from current accident did not have standing at time suit was filed — Provider’s motion for abatement is denied and summary judgment is entered in favor of insurer

19 Fla. L. Weekly Supp. 164a

Online Reference: FLWSUPP 1903VANDInsurance — Personal injury protection — Standing — Assignment — No error in entering summary judgment in favor of insurer based on lack of standing of plaintiff medical center where insured assigned benefits to individual doctor and record does not contain evidence showing assignment from doctor to medical center or affidavit showing that doctor and medical center are same business entity

19 Fla. L. Weekly Supp. 581a

Online Reference: FLWSUPP 1907JOHNInsurance — Personal injury protection — Standing — Assignment — Where assignment fails to name medical provider as assignee, ambiguity in assignment precludes summary judgment on standing issue — Demand letter — Where statute of limitations has not run out and insurer does not allege that there is insufficient time remaining in limitations period to cure any defect in demand letter, proper remedy for defective demand letter would be dismissal without prejudice, and summary judgment on issue is not warranted — Motion for summary judgment is, therefore, treated as motion to dismiss — Demand letter is not defective for failing to attach copy of independent medical examination report on which insurer relied to withdraw future benefits and itemized statement of future treatment claimed to be reasonable and necessary where letter demanded payment for services already rendered — Demand letter is not defective for demanding more than amount claimed in complaint

19 Fla. L. Weekly Supp. 1027a

Online Reference: FLWSUPP 1912LANDInsurance — 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

19 Fla. L. Weekly Supp. 85a

Online Reference: FLWSUPP 1902HINCNOT FINAL VERSION OF OPINION
Subsequent Changes at 19 Fla. L. Weekly Supp. 86aInsurance — Property — Appraisal — Where insured elected to participate in mediation for resolution of disputed property insurance claim, but parties were unsuccessful in resolving claim, insured was authorized by administrative rule to proceed with litigation without being subjected to loss appraisal process — Trial court did not err in denying motion to dismiss or to stay and compel appraisal

19 Fla. L. Weekly Supp. 138b

Online Reference: FLWSUPP 1902ROLLInsurance — Personal injury protection — Application — Misrepresentations — Insurer abandoned right to deny coverage based on insured’s failure to list licensed son residing in household on policy when adjuster stated in deposition that she was not declaring material misrepresentation

19 Fla. L. Weekly Supp. 243a

Online Reference: FLWSUPP 1904URODInsurance — Appeals — Sanctions — Motion for rehearing of opinion dismissing appeal as sanction for insurer’s failure to file initial brief following four extensions of time is denied — Appellate court is not required to afford opportunity to be heard prior to imposition of sanction of dismissal; rule only requires that court provide ten days’ notice that sanction of dismissal may be imposed — Motion to vacate opinion to allow parties to settle case is denied — Parties do not need court’s permission to reach settlement, and insurer has not met burden of showing equitable entitlement to extraordinary remedy of vacatur

19 Fla. L. Weekly Supp. 161a

Online Reference: FLWSUPP 1903RODR

NOT FINAL VERSION OF OPINION
Subsequent Changes at 19 Fla. L. Weekly Supp. 243aInsurance — Personal injury protection — Appeals — Dismissal of appeal is warranted where appellate court has granted five motions for extension of time to file insurer’s initial brief and warned when it granted fourth and fifth extensions that no further extensions would be granted and failure to comply with orders would result in dismissal of appeal, insurer thereafter filed motion to stay appeal pending resolution of another case on issue and filed motion seeking sixth extension of time for filing brief after motion for stay was denied, and insurer has misrepresented tolling effect of motion for stay and failed to advise court of issuance of now-controlling district court opinion

19 Fla. L. Weekly Supp. 143a

Online Reference: FLWSUPP 1902MORAInsurance — Pleadings — Amendment — Insurer’s motion to amend answer and affirmative defenses is denied where medical provider would be substantially prejudiced by amendment, and amendment is untimely

19 Fla. L. Weekly Supp. 214a

Online Reference: FLWSUPP 1903PETIInsurance — Personal injury protection — Accord and satisfaction — Conspicuous statement — Language stating that check was tendered as full and final payment of PIP benefits did not qualify as conspicuous statement required to discharge claim by accord and satisfaction where language consists of writing on body of check in smaller font than other writing on check, is included as part of two other lines in similar font, is not in contrasting color and is not set off by symbols or marks that call attention to language