Volume 22

22 Fla. L. Weekly Supp. 116a

Online Reference: FLWSUPP 2201SHECInsurance — Attorney’s fees — Amount

22 Fla. L. Weekly Supp. 577a

Online Reference: FLWSUPP 2205LITTInsurance — Attorney’s fees — Amount

22 Fla. L. Weekly Supp. 951b

Online Reference: FLWSUPP 2208FREUInsurance — Property — Standing — Assignment — Although insurance policy contains anti-assignment provision, post-loss assignment of benefits to water mitigation company is valid — Date of breach was date insurer refused to make payments due under policy, not date when consequential damages resulted or become ascertained

22 Fla. L. Weekly Supp. 829a

Online Reference: FLWSUPP 2207MASCInsurance — Property — Standing — Assignment — Plaintiff who obtained post-loss assignment of benefits has standing to bring action against insurer

22 Fla. L. Weekly Supp. 403a

Online Reference: FLWSUPP 2203COADInsurance — Property — Standing — Assignment — Language in assignment that makes insured responsible for any difference between amount contractor/assignee is able to recover from insurer and contractor’s charges does not impair or diminish validity of assignment — Policy provision that prohibits assignment of policy without consent of insurer does not prohibit assignment of benefits without insurer’s consent — Action by contractor while claim is in appraisal is not premature — Section 713.32, which addresses obligation of insured to pass along to contractor any payments made by insurer for contractor’s work, does not create exclusive remedy for contractor and foreclose contractor’s breach of contract suit against insurer

22 Fla. L. Weekly Supp. 741a

Online Reference: FLWSUPP 2206SUCCInsurance — Property — Standing — Assignment — Purported inconsistency in designation of repair facility in assignment is factual dispute, not grounds for dismissal

22 Fla. L. Weekly Supp. 373b

Online Reference: FLWSUPP 2203COUTInsurance — Property — Standing — Assignment — Contractor assigned prospective insurance recovery of undetermined amount lacks standing

22 Fla. L. Weekly Supp. 126a

Online Reference: FLWSUPP 2201GATTInsurance — Property — Standing — Assignment — Where insurance policy contains non-assignment provision, assignment of benefits to water and mold mitigation company prior to claim being adjusted and any accrued benefits becoming due does not confer standing on company to file suit against insurer

22 Fla. L. Weekly Supp. 985a

Online Reference: FLWSUPP 2209TERLInsurance — Personal injury protection — Standing — Assignment — Validity — Where purported assignment of benefits directs payment to medical provider but does not contain any language conveying right to bring cause of action against insurer, provider lacks standing — No merit to argument that insurer does not have standing to challenge assignment because it lacks privity to that agreement where insurer is not challenging agreement between provider and insured, but whether agreement is properly characterized as an assignment — No merit to argument that entry of final judgment finding that provider lacks standing would deny provider any remedy at law to recover monies owed to it where assignment provides that insured is financially responsible for any charges insurer declines to pay

22 Fla. L. Weekly Supp. 1088a

Online Reference: FLWSUPP 2209KERRInsurance — Standing — Assignment — Validity — Document in which medical provider agreed to provide services based on unqualified assignment of benefits on condition that insured would be ultimately responsible for any bills not covered by policy or not paid by insurer is valid assignment