Volume 23

23 Fla. L. Weekly Supp. 263a

Online Reference: FLWSUPP 2303SALMInsurance — Personal injury protection — Standing — Assignment — Facts indicate there is equitable assignment of PIP benefits — Demand letter — Demand letter that contains CMS 1500 form and states amount medical provider claims to be due satisfies condition precedent to filing suit — PIP statute does not require that demand letter state exact amount that is ultimately determined to be due

23 Fla. L. Weekly Supp. 255b

Online Reference: FLWSUPP 2303ALEMInsurance — Personal injury protection — Standing — Assignment — Alleged assignment was in fact direction to pay that did not confer standing on medical provider to bring action for collection of insured’s PIP benefits — Further, unsigned document is not valid agreement or contract — Provider cannot rely on affidavit of insured and attached signed version of document at issue to assert standing — Parol evidence cannot be used to clarify intent of unambiguous document, and document signed after filing of complaint cannot be used to assert standing — Equitable assignment — Court cannot deem document to be equitable assignment where unambiguous language makes it direction to pay — Moreover, PIP statute requires a written assignment if claimant is not the insured

23 Fla. L. Weekly Supp. 163a

Online Reference: FLWSUPP 2302WPIEInsurance — Standing — Assignment — Even if express assignment is flawed because of error in name of assignee, plaintiff medical provider has standing based on equitable assignment where it is undisputed that provider treated insured, submitted bills, received partial payment from insurer, and filed action to collect balance of bills

23 Fla. L. Weekly Supp. 642a

Online Reference: FLWSUPP 2306ORTIInsurance — Automobile — Windshield repair — Motion to dismiss count seeking declaration as to application and definition of policy term “prevailing competitive price” and effect on coverage is denied — Standing — Assignment — Motion to dismiss for failure to attach assignment to complaint is denied where complaint filed with court has attached assignment from repair shop to plaintiff insurance recovery company — Further, insurer’s claim that policy does not permit assignment is properly raised in motion for summary judgment, not motion to dismiss

23 Fla. L. Weekly Supp. 757a

Online Reference: FLWSUPP 2307ROMENOT FINAL VERSION OF OPINION
Subsequent Changes at 23 Fla. L. Weekly Supp. 980aInsurance — Personal injury protection — Coverage — Emergency services — Deductible — Insurer improperly processed medical bills out of order by applying deductible to bill from emergency service provider, which was third bill received, instead of applying deductible to first bill received — Because insurer is mandated by statute to reserve $5,000 for emergency service providers, insurer should not have applied claim by emergency room physicians to deductible — Standing — Assignment — Document that assigns insured’s PIP benefits to “facility” and “provider” confers standing on emergency room physicians as providers

23 Fla. L. Weekly Supp. 712a

Online Reference: FLWSUPP 2307SANBInsurance — Personal injury protection — Standing — Assignment — No merit to medical provider’s argument that insurer did not have right to challenge standing based on assignment to which it is not in privity — Trial court did not err in requiring provider to attach assignment to its complaint when ruling on motion to dismiss for lack of standing based on assignment — Trial court erred in determining that document that assigned benefits to provider but did not contain language assigning right to sue was not valid assignment

23 Fla. L. Weekly Supp. 781a

Online Reference: FLWSUPP 2307DALLInsurance — Arbitration — Where parties did not request trial de novo within deadline for such request, trial court must enter judgment in accordance with arbitrator’s decision

23 Fla. L. Weekly Supp. 318c

Online Reference: FLWSUPP 2304GEWEInsurance — Property — Appraisal — Waiver — Order granting motion to abate and compel appraisal is quashed — By actively participating in litigation for ten months before moving court to compel appraisal, insurer waived both right to compel appraisal and anti-waiver provision in policy requiring that waiver of right to appraisal must be in writing

23 Fla. L. Weekly Supp. 806a

Online Reference: FLWSUPP 2308DAMAInsurance — Homeowners — Appraisal — Assignee’s right to participate — Because appraisal is in nature of both duty and benefit under insurance policy, right to demand, participate in, and reap advantages of appraisal is properly subject of assignment of benefits — Final summary judgment entered in favor of insurer due to insured’s failure to participate in appraisal is reversed

23 Fla. L. Weekly Supp. 526a

Online Reference: FLWSUPP 2306STOCInsurance — Homeowners — Standing — Assignment — Post-loss assignment of homeowners insurance benefits to company that performed water damage remediation services was valid — Assignment signed by only one of two homeowners is nonetheless valid where other homeowner was aware of and did not deny assignment — Appraisal is not post-loss obligation that must be completed only by insured; it is right that can be invoked by either insured or insurer and, once invoked, is condition precedent to bringing suit under policy — Assignee, standing in shoes of insured, is proper party to participate in appraisal and thereby attempt to meet condition precedent to suit — Trial court erred in preventing assignee from participating in appraisal and in entering summary judgment against assignee because condition precedent of appraisal had not been met by insured