Volume 19

19 Fla. L. Weekly Supp. 927a

Online Reference: FLWSUPP 1911VINCInsurance — Personal injury protection — Affirmative defenses — Accord and satisfaction — No error in denying insurer’s motion for summary judgment on affirmative defense of accord and satisfaction where, although trial court initially erred in determining that conspicuousness of statement on checks was factual issue for jury, on reconsideration trial court correctly identified issue as decision for court and determined that statement was not conspicuous — No error in denying insurer’s subsequent motion for summary judgment on affirmative defense of common law accord and satisfaction where there was disputed issue of fact as to whether medical provider intended acceptance of checks to be in full satisfaction of any future claims — Error to grant provider’s motion for directed verdict where evidence permits differing inferences regarding provider’s intent and, therefore, issue should have been submitted to jury

19 Fla. L. Weekly Supp. 879b

Online Reference: FLWSUPP 1910PUELInsurance — Personal injury protection — Affirmative defenses — Accord and satisfaction — No accord and satisfaction occurred when medical provider cashed check for reduced amount with notation that it was for full and final payment of PIP benefits where insurer knew prior to sending check that medical provider had assignment of benefits expressly requiring that any agreement to accept reduced amount be in writing and stating that any reduced payment, irrespective of accompanying language, would be cashed under protest and would not be accord and satisfaction