Volume 23

23 Fla. L. Weekly Supp. 592a

Online Reference: FLWSUPP 2306CENAInsurance — Personal injury protection — Standing — Order dismissing complaint due to lack of standing based on conflict between name of plaintiff medical provider and name on assignment of benefits is vacated on rehearing where court ruled without considering existence of evidence that may have resolved conflict, and plaintiff has also pled standing based on oral and equitable assignment

23 Fla. L. Weekly Supp. 590a

Online Reference: FLWSUPP 2306PAULInsurance — Personal injury protection — Standing — Order dismissing complaint due to lack of standing based on conflict between name of plaintiff medical provider and name on assignment of benefits is vacated on rehearing where court ruled without considering existence of evidence that may have resolved conflict, and plaintiff has also pled standing based on oral and equitable assignment

23 Fla. L. Weekly Supp. 587b

Online Reference: FLWSUPP 2306BRINInsurance — Personal injury protection — Standing — Order dismissing complaint due to lack of standing based on conflict between name of plaintiff medical provider and name on assignment of benefits is vacated on rehearing where court ruled without considering existence of evidence that may have resolved conflict, and plaintiff has also pled standing based on oral and equitable assignment

23 Fla. L. Weekly Supp. 189b

Online Reference: FLWSUPP 2302SINGInsurance — Personal injury protection — Standing — Assignment — Document assigning benefits to hospital and any involved provider confers standing on physicians who rendered services to insured in hospital emergency room — Coverage — Emergency services — Deductible — Because insurer is mandated by statute to reserve $5,000 for emergency service providers, insurer should not have applied claim by plaintiff provider within that classification to deductible

23 Fla. L. Weekly Supp. 603a

Online Reference: FLWSUPP 2306CROIInsurance — Where defendant medical provider obtained assignment from insured before insurer’s complaint seeking declaratory relief, entry of default against insured has no legal effect on medical provider’s ability to assert defense in action and pursue counterclaim against insurer for breach of policy — Order entering summary judgment in favor of insurer is vacated

23 Fla. L. Weekly Supp. 249b

Online Reference: FLWSUPP 2303BRECInsurance — Homeowners — Coverage — Water damage — Post-loss assignee had standing to file suit against insurer for payment for work performed on insured property — Indispensable parties — Because plaintiff is the only party with an interest in insurance proceeds for the services plaintiff performed, matter can be fully adjudicated without joinder of any other parties — Motion to dismiss for lack of standing or for failure to join indispensable party is denied

23 Fla. L. Weekly Supp. 163b

Online Reference: FLWSUPP 2302ELRInsurance — Homeowners — Standing — Assignment — Loss payment provision in policy did not preclude post-loss assignment of claim even when payment was not yet due — No merit to argument that only named insured can sue for breach of contract when insurer has denied coverage

23 Fla. L. Weekly Supp. 600a

Online Reference: FLWSUPP 2306GARCInsurance — Homeowners — Where insurer had notice of valid assignment to plaintiff water remediation company prior to issuance of payment to insured, insurer cannot rely on payment to insured to discharge debt owned to plaintiff — Insurer’s assertion that plaintiff agreed that sending check to insured would discharge debt owed to it is unsubstantiated — No merit to arguments that plaintiff was responsible for contacting insured to determine if payment had been issued to her and that plaintiff’s assignment is limited chose in action rather than general assignment

23 Fla. L. Weekly Supp. 162b

Online Reference: FLWSUPP 2302KERRInsurance — Homeowners — Standing — Assignment — No merit to argument that animal removal company does not have standing to bring suit against homeowners’ insurer based on assignment executed by husband of named insured where policy defines insured to include spouse

23 Fla. L. Weekly Supp. 266b

Online Reference: FLWSUPP 2303MCCLInsurance — Personal injury protection — Standing — Assignment — Validity — Document that assigns rights to three medical providers is fatally flawed — No merit to claim that there was equitable assignment in favor of plaintiff provider — Equitable assignments are prohibited under PIP statute