Volume 23

23 Fla. L. Weekly Supp. 353a

Online Reference: FLWSUPP 2304PATTInsurance — Personal injury protection — Attorney’s fees — Medical provider is entitled to attorney’s fees up to date of fee hearing despite fact that benefits were settled one month earlier where insurer did not clearly and unequivocally acquiesce to provider’s entitlement to attorney’s fees at time of benefit settlement

23 Fla. L. Weekly Supp. 896a

Online Reference: FLWSUPP 2309SPARInsurance — Med pay — Subrogation — Attorney’s fees — Where insurer that had claim of subrogation for med pay benefits against insured who had recovered payment from tortfeasor indicated that it would accept payment of med pay lien minus pro rata reduction for attorney’s fees and costs incurred by insured in obtaining settlement with tortfeasor, but insured filed declaratory action seeking declaration that he was not made whole in settlement, rather than revealing percentage by which settlement was reduced by payment of attorney’s fees and costs, lawsuit was not necessary catalyst to resolve dispute and trial court erred in awarding attorney’s fees to insured

23 Fla. L. Weekly Supp. 475a

Online Reference: FLWSUPP 2305LANDInsurance — Attorney’s fees — Discovery — Billing records of opposing counsel — Prevailing medical provider’s request to produce billing records of insurer’s counsel is denied where provider has not established that records are relevant to disputed issues, that records are needed to prepare for attorney’s fee hearing or that substantially equivalent material cannot be obtained from another source — Provider’s request for report from insurer’s expert on provider’s motion for attorney’s fees and costs is granted

23 Fla. L. Weekly Supp. 854b

Online Reference: FLWSUPP 2308GALLInsurance — Personal injury protection — Attorney’s fees — Insurer’s post-suit payment of interest due on partial payment of reduced bills is not confession of judgment in action seeking balance of reduced bills and does not entitle medical provider to award of attorney’s fees and costs under section 627.428(1)

23 Fla. L. Weekly Supp. 808b

Online Reference: FLWSUPP 2308LJONInsurance — Personal injury protection — Attorney’s fees — Appellate — Motion for reconsideration of order awarding appellate attorney’s fees to medical provider is denied where motion raises new issues and does not identify points of law overlooked or misapprehended by appellate court — Insurer that agreed to remove language stating that each party would bear its own attorney’s fees and costs from voluntary dismissal waived issue of provider’s entitlement to fees — Precedent mandating fee award to prevailing party in PIP cases is applicable to cases that are voluntarily dismissed

23 Fla. L. Weekly Supp. 337a

Online Reference: FLWSUPP 2304KIDWInsurance — Property — Standing — Assignment — Assignment of post-loss property insurance benefits without insurer’s consent was valid despite presence of non-assignment clause

23 Fla. L. Weekly Supp. 549a

Online Reference: FLWSUPP 2306WHALInsurance — Personal injury protection — Standing — Assignment — No merit to argument that medical provider did not have standing to file suit for PIP benefits because assignment was made in provider’s fictitious name where fictitious name was properly registered, and provider filed suit in both its properly registered corporate name and its fictitious name — Even if argument had merit, insurer waived argument by failing to plead lack of standing based on fictitious name in its answer or affirmative defenses

23 Fla. L. Weekly Supp. 271a

Online Reference: FLWSUPP 2303JOSEInsurance — Standing — Assignment — Motion for summary judgment finding that assignment assigns entire policy to assignee is denied where assignment assigns only rights and benefits under policy for services rendered by assignee

23 Fla. L. Weekly Supp. 555a

Online Reference: FLWSUPP 2306IRVIInsurance — Personal injury protection — Standing — Assignment in name of physician rather than plaintiff medical provider — No merit to claims that insurer waived right to challenge assignment and could not challenge assignment due to lack of privity — Summary judgment on standing issue is precluded where affidavits of insured and physician clarifying relationship of physician to provider and intent of insured create factual issues

23 Fla. L. Weekly Supp. 253a

Online Reference: FLWSUPP 2303SCHOInsurance — Personal injury protection — Standing — Assignment — Validity — Document that assigns medical and surgical benefits from insurer, does not assign rights under policy, is revocable by insured, and holds insured financially responsible for payments, is direction to pay and not valid assignment