Volume 20

20 Fla. L. Weekly Supp. 1101b

Online Reference: FLWSUPP 2011BECKInsurance — Personal injury protection — Standing — Assignment — Issues of standing and validity of assignment are matters to be raised as affirmative defenses, not in motion to dismiss

20 Fla. L. Weekly Supp. 1085a

Online Reference: FLWSUPP 2011AGRAInsurance — Personal injury protection — Standing — Assignment — Validity — Document that assigns PIP benefits is valid assignment — Even if express assignment did not exist, equitable assignment confers standing on medical provider

20 Fla. L. Weekly Supp. 1082a

Online Reference: FLWSUPP 2011JEANInsurance — Personal injury protection — Standing — Assignment — Document that assigns benefits but fails to transfer insured’s rights in PIP policy is direction to pay, not assignment — No merit to argument that insurer lacks standing to challenge assignment where insurer is not challenging validity of agreement between insured and medical provider, but contesting that agreement constitutes assignment — Motion to dismiss is granted

20 Fla. L. Weekly Supp. 700a

Online Reference: FLWSUPP 2007TELSInsurance — Personal injury protection — Standing — Assignment — Motion to dismiss is not proper means to challenge standing — Where intent of insured and medical provider to enter into assignment is clear from provider’s action in bringing suit for PIP benefits and insured’s failure to bring suit or object to provider’s suit, there is equitable assignment — Assignment need not be signed by provider where provider accepted terms of assignment through provision of services — Document that authorizes insurer to make payments directly to provider, but states that insured remains responsible for any amounts not paid, is unqualified assignment

20 Fla. L. Weekly Supp. 1093a

Online Reference: FLWSUPP 2011VOCKInsurance — Personal injury protection — Standing — Assignment — Document that authorizes direct payment but does not fully assign any and all rights and benefits under insurance contract does not constitute assignment — Insurer’s motion for judgment on pleadings is granted

20 Fla. L. Weekly Supp. 797a

Online Reference: FLWSUPP 2008DAVIInsurance — Personal injury protection — Standing — Assignment — Validity

20 Fla. L. Weekly Supp. 1214a

Online Reference: FLWSUPP 2012CARTInsurance — Homeowners — Standing — Assignment — Company that provided water removal and construction services on homeowner’s property does not have standing to bring action against insurer where purported assignment of benefits clearly provides that insured retains all insurance rights, benefits and proceeds under policy — Complaint is dismissed without leave to amend

20 Fla. L. Weekly Supp. 1002a

Online Reference: FLWSUPP 2010DEFRInsurance — Homeowners — Standing — Assignment — Company that provided water remediation services on homeowner’s property has standing to bring action against insurer for breach of contract — Anti-assignment provision in homeowner’s policy does not apply to assignment after loss — Motion to dismiss is denied

20 Fla. L. Weekly Supp. 798b

Online Reference: FLWSUPP 2008PSMIInsurance — Homeowners — Standing — Assignment — Company that provided water extraction service on homeowner’s flooded property has standing to bring action against insurer for unpaid balance of claim for company’s services — Anti-assignment provision in homeowner’s policy does not apply to assignment after loss — Motion to dismiss is denied

20 Fla. L. Weekly Supp. 865a

Online Reference: FLWSUPP 2009CHILInsurance — Homeowners — Assignment — Water mitigation company/assignee action against insurer that paid benefits to insured — Assignment of homeowner’s rights under policy after property loss was incurred is valid irrespective of policy provision prohibiting assignment without consent of insurer — Assignment of all insurance rights, benefits and proceeds is full assignment, not partial assignment — Insurer that had notice of valid assignment is liable for payment of services rendered by water mitigation company despite having already paid policy limits for water damage to insured