Volume 25

25 Fla. L. Weekly Supp. 977a

Online Reference: FLWSUPP 2511LEZCInsurance — Personal injury protection — Demand letter — No merit to argument that insured who assigned her PIP benefits to medical provider had no authority to submit demand letter to insurer — Nothing in PIP statute requires particular entity to send demand letter — Premature demand letter sent when all included claims were not yet overdue is deficiency that is overcome by passage of time and does not require abatement of suit — Further, insurer waived any deficiencies in demand letter by tendering payment in response to letter — No merit to argument that payment did not effect waiver because payment was made to provider, not insured, where payment was sent in response to insured’s demand letter and sent to insured’s counsel — Standing — Insured who obtained revocation of assignment from provider before filing suit has standing

25 Fla. L. Weekly Supp. 968a

Online Reference: FLWSUPP 2511HOLTInsurance — Homeowners — Standing — Assignment — Where plaintiff/assignee was not in compliance with fictitious name statute at time assignment was executed in fictitious name and action was filed, but subsequently came into compliance, noncompliance was cured, and plaintiff can maintain suit from that point forward — Count seeking declaratory relief is dismissed where count for breach of contract involves same issues, and plaintiff can obtain full, adequate and complete relief under breach of contract count

25 Fla. L. Weekly Supp. 966b

Online Reference: FLWSUPP 2511RAYInsurance — Homeowners — Standing — Assignment — Where plaintiff/assignee was not in compliance with fictitious name statute at time assignment was executed in fictitious name and action was filed, but subsequently came into compliance, noncompliance was cured, and plaintiff can maintain suit from that point forward — Motion to dismiss denied

25 Fla. L. Weekly Supp. 966a

Online Reference: FLWSUPP 2511STANInsurance — Homeowners — Standing — Assignment — Where plaintiff/assignee was not in compliance with fictitious name statute at time assignment was executed in fictitious name and action was filed, but subsequently came into compliance, noncompliance was cured, and plaintiff can maintain suit from that point forward — Motion to dismiss denied

25 Fla. L. Weekly Supp. 965c

Online Reference: FLWSUPP 2511MCKEInsurance — Homeowners — Standing — Assignment — Where plaintiff/assignee was not in compliance with fictitious name statute at time assignment was executed in fictitious name and action was filed, but subsequently came into compliance, noncompliance was cured, and plaintiff can maintain suit from that point forward

25 Fla. L. Weekly Supp. 965b

Online Reference: FLWSUPP 2511GILLInsurance — Homeowners — Standing — Assignment — Where plaintiff/assignee was not in compliance with fictitious name statute at time assignment was executed in fictitious name and action was filed, but subsequently came into compliance, noncompliance was cured, and plaintiff can maintain suit from that point forward

25 Fla. L. Weekly Supp. 170a

Online Reference: FLWSUPP 2502KUPPInsurance — Homeowners — Standing — Motion for summary judgment arguing that company that provided emergency water mitigation and mold remediation services on homeowner’s property lacks standing to sue insurer because homeowner’s spouse did not sign assignment, assignment is precluded by homestead provision of Florida Constitution, and other insured and mortgage holder did not consent to assignment of benefits, as is required by policy, is denied — Spouses can consent for each other so long as it is for benefit of each other, and constitutional homestead provision is not applicable — Policy provision that purports to require consent of other insureds and mortgage holder to assignment of benefits is contrary to Florida law and public policy

25 Fla. L. Weekly Supp. 746a

Online Reference: FLWSUPP 2508ANGUInsurance — Homeowners — Post-loss assignment — Policy provision barring post-loss assignment of insurance benefits without consent of insured’s mortgage lender imposes restriction on policyholder’s right to assign post-loss benefits in contravention of controlling case law — Insurer’s motion to dismiss denied

25 Fla. L. Weekly Supp. 574a

Online Reference: FLWSUPP 2506LGARInsurance — Homeowners — Water remediation — Standing — Motion to dismiss arguing that company that provided emergency water remediation service on homeowners’ property lacks standing to sue insurer because homeowner’s mortgage company did not consent to assignment, as is required by policy, is denied — Policy provision that restricts post-loss assignment of benefits is contrary to Florida law — No merit to argument that assignment is precluded by homestead provisions of Florida Constitution

25 Fla. L. Weekly Supp. 616a

Online Reference: FLWSUPP 2507FAULInsurance — Property — Standing — Assignment — Assignment in favor of entity that was non-registered fictitious name at time of assignment and at time suit for unpaid benefits was filed is invalid and cannot confer standing on assignee — Lack of standing at inception of case cannot be cured by acquiring standing after case is filed — Allegations of equitable assignment cannot establish standing where allegations are contradicted by written assignment attached to complaint — Complaint is dismissed with prejudice