DR. ALAN R. FREEDMAN, a/a/o JANETTE WESTLEY, Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant.
22 Fla. L. Weekly Supp. 397a
Online Reference: FLWSUPP 2203WESTInsurance — Personal injury protection — Accord and satisfaction — Insurer not entitled to summary judgment on affirmative defense of accord and satisfaction — Provider’s negotiation of checks which were marked for full and final payment of PIP benefits and for full and final payment of PIP interest did not, as matter of law, result in accord and satisfaction — Record did not reveal the existence of a preexisting dispute between the parties, and there was nothing in the language of the checks, the explanation of benefits sent to provider, or the explanation of review which reasonably implied that provider, by accepting checks, would be deemed to have agreed with insurer’s position — Conflicting affidavits submitted by parties create genuine issue of material fact as to parties’ intent — Statutory accord and satisfaction — Language “FOR FULL AND FINAL PAYMENT,” placed within body of “Pay to the Order” line of checks, did not meet statutory definition of conspicuous