Volume 21

21 Fla. L. Weekly Supp. 267a

Online Reference: FLWSUPP 2103LEEInsurance — Personal injury protection — Standing — Assignment — Validity — Where purported assignment does not convey any rights and is merely direction to pay, medical provider lacks standing to maintain suit — Lack of standing cannot be cured post suit

21 Fla. L. Weekly Supp. 352b

Online Reference: FLWSUPP 2104PAREInsurance — Personal injury protection — Standing — Assignment — Instruction to pay medical provider all applicable medical benefits confers standing

21 Fla. L. Weekly Supp. 344b

Online Reference: FLWSUPP 2104PHILInsurance — Personal injury protection — Standing — Assignment — Where insured executed document assigning benefits to medical provider who rendered services, submitted bills to insurer, and filed suit against insurer, provider is real party in interest — There is no distinction between direction to pay and assignment of benefits — Even if express assignment did not exist, equitable assignment conveys standing to provider

21 Fla. L. Weekly Supp. 356a

Online Reference: FLWSUPP 2104DUBBInsurance — Personal injury protection — Standing — Assignment — Where assignment was made to individual physician, not to corporate plaintiff, plaintiff lacks standing to bring suit

21 Fla. L. Weekly Supp. 355a

Online Reference: FLWSUPP 2104OJEDInsurance — Personal injury protection — Standing — Assignment — Where assignment was made to individual physician, not to corporate plaintiff, plaintiff lacks standing to bring suit

21 Fla. L. Weekly Supp. 354a

Online Reference: FLWSUPP 2104PENDInsurance — Personal injury protection — Standing — Assignment — Where assignment was made to individual physician, not to corporate plaintiff, plaintiff lacks standing to bring suit

21 Fla. L. Weekly Supp. 572a

Online Reference: FLWSUPP 2106COOPInsurance — Personal injury protection — Standing — Assignment — Valid assignment and equitable assignment provide medical provider with standing — Payment of policy proceeds after suit was filed is functional equivalent of confession of judgment

21 Fla. L. Weekly Supp. 274b

Online Reference: FLWSUPP 2103TIMPInsurance — Homeowners — Water extraction services — No merit to argument that failure to attach homeowner’s policy to complaint filed by company that provided water extraction services warrants dismissal of complaint where complaint states that plaintiff is not in possession of policy but that policy would be provided by insurer during discovery — Standing — Assignment — Complaint and attached assignment stating that homeowner assigned all insurance rights, benefits and proceeds to plaintiff in exchange for services rendered as result of property damage are sufficient to establish prima facie case that there was agreement between plaintiff and homeowner for performance of water extraction services in exchange for assignment of rights under policy — Arguments regarding deficiencies in assignment and inconsistency between assignment and allegations of complaint are factual disputes not appropriate for resolution in motion to dismiss — Plaintiff was not required to obtain consent of insurer to have valid after-loss assignment

21 Fla. L. Weekly Supp. 670a

Online Reference: FLWSUPP 2107CASEInsurance — Homeowners — Standing — Assignment — Where homeowner’s policy contains non-assignment provision and loss settlement provision, company that performed water extraction services on homeowner’s property has no standing to bring action against insurer until after homeowner has fulfilled her obligation to adjust loss with insurer

21 Fla. L. Weekly Supp. 441a

Online Reference: FLWSUPP 2105BROWInsurance — Homeowners — Standing — Assignment — Provision in homeowners policy that prohibits assignment of policy does not bar assignment of after-loss claim