Volume 20

20 Fla. L. Weekly Supp. 933a

Online Reference: FLWSUPP 2009JRODInsurance — Dismissal — Assignment — Attachment of assignment of benefits to complaint of medical provider claiming benefits pursuant to written assignment is not required by rule 1.130 — Motion to dismiss is denied

20 Fla. L. Weekly Supp. 709a

Online Reference: FLWSUPP 2007FREEInsurance — 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

20 Fla. L. Weekly Supp. 947a

Online Reference: FLWSUPP 2010TELUInsurance — Personal injury protection — Independent medical examination — Failure to attend — Appeals — Law of case — No merit to insurer’s claim that summary judgment should have been granted in its favor on remand from appellate panel of circuit court that reversed summary judgment, which had been granted in favor of medical provider on basis that insurer failed to allege or establish that insured’s nonattendance at IME was unreasonable refusal, where issue of reasonableness of refusal to attend IME has not been determined as law of case since circuit court did not remand with instructions to grant summary judgment in favor of insurer and district court’s subsequent denial of petition for second-tier certiorari review is not opinion on merits — Error to again enter summary judgment in favor of provider on remand where there is factual dispute about reasonableness of insured’s refusal to attend IME

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DOCTOR REHAB CENTER, INC. (Kristen Moorehead), Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant.
20 Fla. L. Weekly Supp. 997b
Online Reference: FLWSUPP 2010MOORInsurance — Affirmative defenses — Purported affirmative defense reserving right to amend defenses pending further discovery is stricken as legally insufficient

20 Fla. L. Weekly Supp. 491a

Online Reference: FLWSUPP 2005SILVInsurance — Personal injury protection — Affirmative defenses — Accord and satisfaction — Error to enter summary judgment for medical provider where there is disputed issue of fact as to intent of parties and whether check was accord and satisfaction of specific bills or of all bills related to accident

20 Fla. L. Weekly Supp. 603a

Online Reference: FLWSUPP 2006CASTInsurance — Personal injury protection — Affirmative defenses — Accord and satisfaction — Common law defense of accord and satisfaction, which is inconsistent with statutory accord and satisfaction, must yield to statutory defense — Insurer’s motion for partial summary judgment on statutory accord and satisfaction defense is denied where there is no evidence that insurer made good faith tender as required by statute, there is no evidence that medical provider’s claim is unliquidated, there is no evidence of bona fide dispute between parties, and there is no evidence that payment tendered contained conspicuous statement that payment was in full satisfaction of claim

20 Fla. L. Weekly Supp. 551a

Online Reference: FLWSUPP 2006SALIInsurance — Personal injury protection — Coverage — Affirmative defenses — Accord and satisfaction — Medical provider’s acceptance of check indicating it was “Full and Final Payment” created accord and satisfaction as matter of law — Rehearing — Fact that court opinion addresses only some points on appeal does not mean that court has failed to consider points not addressed

20 Fla. L. Weekly Supp. 337a

Online Reference: FLWSUPP 2004SALINOT FINAL VERSION OF OPINION
Subsequent Changes at 20 Fla. L. Weekly Supp. 551aInsurance — Personal injury protection — Coverage — Medical expenses — Accord and satisfaction — Explanation of benefits and check to provider, which indicated it was for full and final payment, were sufficient to prove insurer’s intent to effect settlement — By cashing tendered check, rather than responding in writing within five-day period provided for in EOB, provider intended to effect settlement — Provider failed to provide any evidence refuting fact that mutual agreement to effect settlement arose between parties

20 Fla. L. Weekly Supp. 223a

Online Reference: FLWSUPP 2003PANTInsurance — Personal injury protection — Affirmative defenses — Accord and satisfaction — No merit to arguments that insurer is precluded from relying on common law accord and satisfaction on appeal when it asserted statutory accord and satisfaction in trial court or that insurer has abandoned statutory defense by arguing only common law defense in brief — Error to deny insurer’s motion for summary judgment on affirmative defense of accord and satisfaction where letter accompanying check for benefits indicated that further treatment would not be payable based on independent medical examination, conspicuous statement on face of check indicated that it was full and final payment of PIP benefits for dates of service, and medical provider cashed check

20 Fla. L. Weekly Supp. 163b

Online Reference: FLWSUPP 2002PEREInsurance — Accord and satisfaction — Conspicuous statement — Writing was not conspicuous where it appeared in capital letters in font smaller than other writing on check, was included as part of two other lines of similar font, and was not in contrasting color or set off by symbols or marks