Volume 21

21 Fla. L. Weekly Supp. 427a

Online Reference: FLWSUPP 2105MOORInsurance — Homeowners — Standing — Assignment — No merit to argument that after-loss assignment of claim proceeds to restoration company violates lien or public adjuster’s statutes

21 Fla. L. Weekly Supp. 780a

Online Reference: FLWSUPP 2108LEUNInsurance — Homeowners — Standing — Assignment — Company that provided water extraction service on homeowner’s 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 — No merit to claim that all obligations owed by insurer to company have been satisfied by binding appraisal award — Award resulting from appraisal demand made by homeowner after effective date of assignment is not binding on company — Insurer’s motion for summary judgment is denied

21 Fla. L. Weekly Supp. 714a

Online Reference: FLWSUPP 2107JIMEInsurance — Dismissal — Assignment — Medical provider claiming benefits pursuant to written assignment is not required by rule 1.130 to attach assignment of benefits to complaint — Motion to dismiss is denied

21 Fla. L. Weekly Supp. 201a

Online Reference: FLWSUPP 2102POOLInsurance — Standing — Assignment — Rule 1.130 does not require medical provider/assignee to attach written assignment of benefits to complaint — Motion to dismiss is denied

21 Fla. L. Weekly Supp. 1100a

Online Reference: FLWSUPP 2110IMPEInsurance — Personal injury protection — Void policy — Material misrepresentations on application — Declaratory action is proper vehicle for insurer to obtain judicial determination that it may void policy ab initio due to a material mispresentation — Policy in instant case may be voided ab initio where insured incorrectly stated on application that he had not been involved in any automobile accidents in the past three years as driver or passenger and had not made a claim for medical injuries in Florida within the past three years — Misrepresentations were material where insurer would not have accepted the risk had application disclosed the true facts — Final summary judgment entered in favor of insurer — Final judgment extinguishes claims of others whose rights were derived under the insurance policy

21 Fla. L. Weekly Supp. 803b

Online Reference: FLWSUPP 2108RCASInsurance — Personal injury protection — Affirmative defenses — Accord and satisfaction — Cashing of checks containing language stating that checks were for full and final PIP benefits for bills constituted accord and satisfaction — Affidavit filed by medical provider stating that checks were not cashed with intent of accepting them as full and final payment is not sufficient to create issue of fact

21 Fla. L. Weekly Supp. 435a

Online Reference: FLWSUPP 2105TEJAInsurance — Personal injury protection — Affirmative defense of accord and satisfaction fails where there is no evidence that dispute existed between insurer and medical provider prior to issuance of check on which insurer relies for defense, and language on check is not conspicuous — Summary judgment — No merit to argument that unfiled adjuster notes demonstrate existence of factual issue as to whether provider and insurer reached oral agreement to resolve benefits — Adjuster notes withheld by insurer under claim of privilege may not subsequently be used to defeat summary judgment, and assignment clearly requires that any agreement to settle benefits must be in writing

21 Fla. L. Weekly Supp. 270c

Online Reference: FLWSUPP 2103ROMAInsurance — Personal injury protection — Affirmative defenses — Accord and satisfaction — Insurer’s explanation of review indicating that reductions in claim were made in accordance with statutory fee schedule and check containing statement that it was full and final payment of PIP benefits did not constitute accord and satisfaction under statutory law — Payment based on application of statutory fee formula is liquidated amount that cannot give rise to accord and satisfaction — Further, elements of statutory accord and satisfaction were not met where there was no communication of bona fide dispute between parties prior to issuance of insurer’s check, and “full and final” language on check in same size and color font as surrounding text was not conspicuous — No common law accord and satisfaction occurred where there is no evidence dispute existed prior to insurer’s issuance of payment