Volume 25

25 Fla. L. Weekly Supp. 415a

Online Reference: FLWSUPP 2505MASIInsurance — Personal injury protection — Attorney’s fees — Orders denying provider’s motions for trial-level attorney’s fees did not violate mandates from circuit court or Florida Supreme Court finding provider entitled to appellate attorney’s fees and a new trial where provider accepted a settlement which included trial-level attorney’s fees — Provider not entitled to trial fees under inequitable conduct doctrine based on insurer’s post-settlement actions, as county court correctly concluded that post-settlement behavior arose from mutual mistake rather than bad faith

25 Fla. L. Weekly Supp. 671b

Online Reference: FLWSUPP 2507DAVIInsurance — Personal injury protection — Attorney’s fees — Declaratory actions — Count for declaratory relief is not action for recovery of benefits for which attorney’s fees may be awarded under section 627.428 — Motion to strike demand for fees is granted

25 Fla. L. Weekly Supp. 748a

Online Reference: FLWSUPP 2508MELIInsurance — Personal injury protection — Attorney’s fees — Charging lien — Where medical provider’s former attorney was discharged after he served demand letter on insurer for PIP benefits and provider subsequently retained new counsel who served second demand letter, filed complaint, and attained settlement of PIP action, former attorney is not entitled to attorney’s fees for pre-suit work that was not necessitated by any unreasonable conduct on part of insurer — Former attorney is not entitled to charging lien for legal services that produced no tangible fruit for provider — Former attorney, who is not party to PIP case, is not permitted to serve discovery on insurer in that case — Motion to discharge lien, motion for protective order, and motion to strike discovery requests are granted

25 Fla. L. Weekly Supp. 425a

Online Reference: FLWSUPP 2505STATInsurance — Personal injury protection — Coverage — Medical expenses — Summary disposition — Trial court erred in sua sponte entering summary disposition on issue of medical necessity of MRIs — Insurer had right to challenge necessity despite having made partial payment on claim, affidavit of insurer’s expert created genuine issue of material fact as to necessity, trial court failed to address affirmative defense of insufficient demand letter, and trial court acted under small claims rules despite prior ruling invoking rules of civil procedure — Trial court erred in granting medical provider’s motion for summary judgment as to reasonableness of charges where reasonableness is fact-dependent inquiry — Attorney’s fees — Appellate fees — Insurer is conditionally awarded appellate attorney’s fees under offer of judgment statute if it prevails on remand

25 Fla. L. Weekly Supp. 192b

Online Reference: FLWSUPP 2502TORRInsurance — Personal injury protection — Attorney’s fees — Amount

25 Fla. L. Weekly Supp. 370a

Online Reference: FLWSUPP 2504DIAZInsurance — Standing — Assignment — Summary judgment in favor of insurer based on plaintiff’s lack of standing is precluded by genuine issue of material fact as to whether previous assignment of benefits made by insured to third party served to divest insured of ability to make assignment to plaintiff

25 Fla. L. Weekly Supp. 825a

Online Reference: FLWSUPP 2509FLASInsurance — Homeowners — Water damage remediation — Where water damage remediation contractor did not provide insurer with notice of assignment of homeowner’s benefits prior to filing complaint against insurer for breach of contract, insurer had no obligation to pay contractor before suit was filed, and there was no basis for breach of contract action — Where assignment sued upon does not reflect correct name of insurer, correct name of contractor as assignee, or correct policy number, no valid assignment of homeowner’s benefits exists — Summary judgment is entered in favor of insurer

25 Fla. L. Weekly Supp. 757a

Online Reference: FLWSUPP 2508RODAInsurance — Personal injury protection — Standing — Assignment — Where purported assignment of benefits is not dated, does not reference medical provider, and does not indicate to whom benefits are assigned, provider lacks valid assignment and does not have standing

25 Fla. L. Weekly Supp. 165a

Online Reference: FLWSUPP 2502MSPAInsurance — Personal injury protection — Reimbursement of secondary insurer — Complaint brought by twice-removed assignee of now-defunct Medicare Advantage Organization against PIP insurer for reimbursement of medical bills paid on behalf of PIP insured is dismissed with prejudice — Standing — Assignment — Agreement between MAO and purported first assignee is not assignment of all rights in MAO’s claims but merely contingency-based receivables collections agreement — Assignment of agreement with MAO from first assignee to plaintiff is invalid where assignment was not approved by MAO as required by agreement and receiver for MAO repudiated agreement and only allegedly approved agreement pursuant to settlement agreement six months after plaintiff filed suit against PIP insurer — Dismissal of complaint is also required by plaintiff’s failure to allege compliance with pre-suit demand letter requirement and failure to plead facts to establish that MAO paid bills falling within scope of insured’s PIP coverage and that such payments were conditional — Class actions — Plaintiff’s claims are inappropriate for class treatment as matter of law — Plaintiff’s claims for breach of contract under PIP policy and as third-party beneficiary of policy are dismissed where plaintiff is not party to policy or assignee of policy and does not allege that policy expresses any intent to benefit plaintiff or any other third party — Claim for breach of contract based on conventional subrogation is dismissed where plaintiff fails to adequately allege that insured’s contract with MAO provided subrogation rights — Claim based on equitable subrogation is dismissed because MAO may have only contractual, not equitable, subrogation rights — Plaintiff’s demand for attorney’s fees is stricken

25 Fla. L. Weekly Supp. 87b

Online Reference: FLWSUPP 2501PARAInsurance — Personal injury protection — Standing — Assignment — Motion to dismiss for lack of standing is granted where insured assigned benefits to individual physician, not to plaintiff medical provider, and purported assignment only assigns right to collect payments, not right to bring direct action against insurer