Volume 24

24 Fla. L. Weekly Supp. 114a

Online Reference: FLWSUPP 2402KAGAInsurance — Personal injury protection — Standing — Assignment — Document assigning to medical provider all medical and/or surgical benefits to which insured is entitled is valid assignment conferring standing on provider

24 Fla. L. Weekly Supp. 108a

Online Reference: FLWSUPP 2402AJOHInsurance — Personal injury protection — Standing — Assignment — Document assigning to medical provider all medical and/or surgical benefits to which insured is entitled is valid assignment conferring standing

24 Fla. L. Weekly Supp. 726a

Online Reference: FLWSUPP 2409OCAMInsurance — Personal injury protection — Standing — Assignment — Validity — Assignment executed by insured prior to date of accident did not confer standing on medical provider to file suit for benefits related to accident — Lack of standing cannot be cured after suit is filed

24 Fla. L. Weekly Supp. 61a

Online Reference: FLWSUPP 2401GRIFInsurance — Personal injury protection — Coverage — Emergency services — Deductible — Where insurer received bills from other medical providers prior to bill from plaintiff emergency service provider, insurer should have applied deductible to other providers’ bills, thereby extinguishing deductible before payment of plaintiff’s bill — No merit to argument that because insurer is mandated by statute to reserve $5,000 for emergency service providers deductible was properly applied to plaintiff’s bill as “first compensable bill” even though plaintiff’s bill was fourth bill received — Insurer cannot dispute reasonableness of charge or relatedness and medical necessity of services after it allowed full amount of charge when applying charge to deductible and conceded reasonableness, relatedness and necessity at deposition of its corporate representative — Standing — Assignment — Document assigning insured’s rights, benefits and causes of action to plaintiff provider conferred standing on plaintiff

24 Fla. L. Weekly Supp. 57a

Online Reference: FLWSUPP 2401GALIInsurance — 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 bills in order received

24 Fla. L. Weekly Supp. 192a

Online Reference: FLWSUPP 2402KMARInsurance — Personal injury protection — Standing — Assignment — Document authorizing direct remittance of payment of all insurance benefits to medical provider is not valid assignment

24 Fla. L. Weekly Supp. 883a

Online Reference: FLWSUPP 2410VENTInsurance — Personal injury protection — Standing — Assignment — Document assigning benefits, but not specifically assigning right to sue, is nonetheless sufficient to confer standing on medical provider

24 Fla. L. Weekly Supp. 91a

Online Reference: FLWSUPP 2402KNIGInsurance — Homeowners — Post-loss assignment — Trial court erred in finding that insured was precluded from assigning benefits of homeowners policy to emergency water mitigation company without consent of insurer — Trial court erred in finding that assignment was invalid because it was executed before loss was reported to insurer — Insured has vested insurable interest at time of loss — No merit to argument that partial assignment that transfers less than all rights under policy to assignee and is made in name of only one of several insureds is invalid — Assignment does not violate statute prohibiting licensed contractor from adjusting claim

24 Fla. L. Weekly Supp. 890a

Online Reference: FLWSUPP 2410VEGAInsurance — Arbitration — Where parties assert that case has already been arbitrated but neither parties, arbitrator, nor clerk are able to locate copy of arbitrator’s decision, court refers case again for arbitration with different arbitrator

24 Fla. L. Weekly Supp. 219a

Online Reference: FLWSUPP 2403MHERInsurance — Homeowners — Appraisal — Where request for appraisal raises issues of insureds’ compliance with post-loss obligations and prejudice to insurer from any noncompliance, trial court exercises its discretion to resolve coverage issues prior to entertaining request to compel appraisal