Volume 22

22 Fla. L. Weekly Supp. 744b

Online Reference: FLWSUPP 2206MEADInsurance — Standing — Assignment — Sufficiency

22 Fla. L. Weekly Supp. 742b

Online Reference: FLWSUPP 2206VRODInsurance — Personal injury protection — Standing — Assignment

22 Fla. L. Weekly Supp. 736b

Online Reference: FLWSUPP 2206ZELAInsurance — Personal injury protection — Standing — Assignment — Document that assigns both benefits and rights is sufficient to confer standing on medical provider

22 Fla. L. Weekly Supp. 736a

Online Reference: FLWSUPP 2206JHERInsurance — Personal injury protection — Standing — Assignment — Where complaint alleges that insured assigned her rights, title and interest under policy and attached document assigns insured’s “PIP automobile insurance policy benefits,” motion to dismiss for lack of standing is denied

22 Fla. L. Weekly Supp. 730a

Online Reference: FLWSUPP 2206KORNInsurance — Personal injury protection — Standing — Assignment sufficiently communicated insured’s intent to convey right to file lawsuit should provider feel it was not properly paid — Demand letter — Presuit demand letter met all statutory requirements where provider attached itemized statement setting forth name of providers who rendered treatment and services, exact amount, date of treatment, service, or accommodation, and the type of benefit claimed to be due — Fact that itemized statement showed zero balance does not change result — Statute does not require that demand letter itemize treatment or service by CPT code

22 Fla. L. Weekly Supp. 717a

Online Reference: FLWSUPP 2206DURGInsurance — Personal injury protection — Standing — Assignment — Validity — Document that assigns all benefits and rights from automobile insurance policies is valid assignment that confers standing

22 Fla. L. Weekly Supp. 709a

Online Reference: FLWSUPP 2206BOOMInsurance — Personal injury protection — Standing — Assignment — Document signed by insured that directs payment from insurer directly to medical provider is valid assignment conferring standing on provider — Qualifying language stating that insured remains financially responsible for all charges including attorney’s fees and costs does not invalidate otherwise proper assignment

22 Fla. L. Weekly Supp. 686a

Online Reference: FLWSUPP 2206ARODInsurance — Personal injury protection — Coverage — Medical expenses — Emergency services — Deductible — No error in finding that, where both emergency service providers and other medical providers seek PIP benefits, deductible must be applied to benefits paid to other providers rather than those paid to emergency service providers — Standing — Assignment from insured to emergency provider was valid so as to confer standing to bring suit on the policy — Lack of language providing that assignment is irrevocable is not dispositive on issue of standing

22 Fla. L. Weekly Supp. 123a

Online Reference: FLWSUPP 2201IRVIInsurance — Personal injury protection — Standing — Assignment — For purposes of motion to dismiss, in which defendant maintained that assignment of benefits did not actually assign benefits to plaintiff, court must accept as true the allegations in complaint that there was an equitable assignment to the named plaintiff

22 Fla. L. Weekly Supp. 1094c

Online Reference: FLWSUPP 2209BEAVInsurance — Standing — Assignment — Validity — Document that references direction to pay benefits but lacks any mention of conveyance of right to bring cause of action does not confer standing on medical provider