Volume 22

22 Fla. L. Weekly Supp. 1085b

Online Reference: FLWSUPP 2209BETAInsurance — Personal injury protection — Standing — Assignment — Validity — Medical provider must have written assignment of benefits in order to sue insurer for PIP benefits; equitable assignment is insufficient under PIP statute — Standing requirement must be met at inception of suit — Document which directs payment to provider but does not assign insured’s rights under PIP policy to provider is merely direction to pay — Motion to dismiss is granted

22 Fla. L. Weekly Supp. 360a

Online Reference: FLWSUPP 2203CARTInsurance — Personal injury protection — Standing — Assignment — Insurer waived right ro raise lack of standing as affirmative defense where defense was not raised in its answer and insurer has never set hearing onits motion for leave to add lack of standing as affirmative defense, which was filed one year earlier — Document directing that payment go directly to medical provider was sufficient to confer standing

22 Fla. L. Weekly Supp. 976a

Online Reference: FLWSUPP 2209RANDInsurance — Personal injury protection — Standing — Assignment — Document that directs payment from insurer directly to medical provider is valid assignment conferring standing on provider to sue insurer for unpaid benefits

22 Fla. L. Weekly Supp. 504a

Online Reference: FLWSUPP 2205TAMPInsurance — Personal injury protection — Standing — Assignment — Any defects in dates on assignment, claim form, and demand letter were waived where insurer made payments on claim without expressing any confusion until after suit was filed — Demand letter — Demand letter is not required to state exact amount of benefits owed

22 Fla. L. Weekly Supp. 379a

Online Reference: FLWSUPP 2203VALDInsurance — Personal injury protection — Standing — Assignment — Where plaintiff received assignment of PIP benefits from medical provider who had received assignment from insured, and plaintiff has not revoked assignment or reassigned benefits to provider, plaintiff has standing to bring action against insurer — Where insurer paid PIP benefits to provider after receiving notice of assignment to plaintiff, insurer can be held liable to plaintiff for benefits in excess of policy limits — Testimony of litigation adjuster and insurer’s payment of benefits indicate that treatment was medically necessary

22 Fla. L. Weekly Supp. 1115a

Online Reference: FLWSUPP 2210TAYLInsurance — Homeowners — Standing — Assignment — Insured was not required to complete contractually required claim adjustment prior to assigning benefits or prior to assignee filing suit — Anti-assignment clause and loss payment provision do not prevent post-lost assignment of benefits

22 Fla. L. Weekly Supp. 1110b

Online Reference: FLWSUPP 2209HEBEInsurance — Personal injury protection — Standing — Assignment — Where assignment of benefits or documents supporting equitable assignment are not attached to medical provider’s complaint, complaint is dismissed without prejudice to provider amending complaint by attaching assignment

22 Fla. L. Weekly Supp. 1110a

Online Reference: FLWSUPP 2209MBROInsurance — Personal injury protection — Standing — Assignment — Where assignment of benefits or documents supporting equitable assignment are not attached to medical provider’s complaint, complaint is dismissed without prejudice to provider amending complaint by attaching assignment

22 Fla. L. Weekly Supp. 1109a

Online Reference: FLWSUPP 2209LJOHInsurance — Personal injury protection — Standing — Assignment — Where assignment of benefits or documents supporting equitable assignment are not attached to medical provider’s complaint, complaint is dismissed without prejudice to provider amending complaint by attaching assignment

22 Fla. L. Weekly Supp. 853b

Online Reference: FLWSUPP 2207LOUIInsurance — Arbitration — Motion to vacate final judgment on arbitrator’s decision and allow trial de novo is denied where motion was not made under oath — Even if motion had been properly made under oath, it does not establish that plaintiff, who waited more than one month after receipt of final judgment to file motion to vacate, acted diligently in seeking relief