Volume 26

26 Fla. L. Weekly Supp. 893a

Online Reference: FLWSUPP 2611TAYLInsurance — Personal injury protection — Standing — Assignment — Where plaintiff has management services agreement allowing it to pursue claims on behalf of medical provider that is insured’s assignee, and bills submitted by plaintiff to insurer throughout insured’s course of treatment have been paid by insurer, plaintiff has standing to bring suit for unpaid PIP benefits

26 Fla. L. Weekly Supp. 363a

Online Reference: FLWSUPP 2605CARVInsurance — Homeowners — Standing — Assignment — No merit to argument that assignment that was executed by only one of two insured homeowners is only partial assignment that does not confer standing on contractor/assignee — Questions of whether husband who did not sign assignment is indispensable party and whether his wife could waive his rights under insurance policy require determinations of fact that cannot be resolved within four corners of complaint — Motion to dismiss denied

26 Fla. L. Weekly Supp. 972a

Online Reference: FLWSUPP 2612TESTInsurance — Homeowners — Standing — Assignment to unregistered fictitious name — Plaintiff’s failure to register fictitious name does not render assignment invalid — Lack of initial standing due to unregistered fictitious name can be cured without dismissing and refiling case

26 Fla. L. Weekly Supp. 350d

Online Reference: FLWSUPP 2605ALLSInsurance — Homeowners — Standing — Assignment — Validity — Trial court improperly granted summary judgment in favor of insurer based on erroneous finding that homeowner’s authorization for fiancé to sign assignment of benefits to plaintiff hired to repair damage to home was required by statute of frauds to be in writing — Assignment does not relate to real property; it relates to insurance claim, which is chose in action to which statute of frauds is not applicable

26 Fla. L. Weekly Supp. 628a

Online Reference: FLWSUPP 2608LANGInsurance — Homeowners — Assignment — Insurer did not have standing to challenge consideration with respect to assignment between plaintiff and insureds — Genuine issue of fact exists as to whether wife acquiesced to assignment of benefits signed by husband

26 Fla. L. Weekly Supp. 495a

Online Reference: FLWSUPP 2606DOKTInsurance — Homeowners — Standing — Assignment — Public adjuster — Insurer has no standing to challenge assignment through which insureds assigned post-loss insurance benefits to public adjuster — Statute which prohibits public adjuster from charging or accepting more than 20% of claim payments made by insurer deals solely with compensation of public adjuster for services rendered as public adjuster and did not preclude insureds from assigning post-loss benefits to public adjuster after public adjusting work ended — Moreover, assignment that provides that public adjuster will only receive 20% of any recovery for insurer did not violate public adjusting law if that law is applicable

26 Fla. L. Weekly Supp. 118c

Online Reference: FLWSUPP 2602KOLLInsurance — Insurer’s obligation to pay insured’s assignee was not discharged by issuing a check to insured-assignor that was jointly payable to the assignor and the assignee

26 Fla. L. Weekly Supp. 681a

Online Reference: FLWSUPP 2608EDWAInsurance — Automobile — Windshield replacement — Limitation of liability — Where insurer did not present any evidence of prices that are prevailing and competitive or of method for calculating what windshield replacement service would cost in competitive market at time of loss, insurer failed to prove that its liability is limited under policy clause limiting liability to prevailing competitive price to repair or replace property at time of loss — Standing — Assignment — No merit to argument that assignment of benefits to repair shop was insufficient — Equitable estoppel — Argument that repair shop was equitably estopped from recovering more than prevailing competitive price where it performed work despite being aware from course of dealings with insurer that insurer would not pay more than prevailing competitive price fails where insurer did not present evidence that repair shop represented that it accepted insurer’s pricing limits, that insurer relied on any such representation or that insurer changed its position in detrimental reliance on any such representation — Waiver — No merit to argument that repair shop waived right to seek additional benefits by performing work after receiving document that stated insurer’s pricing limits and that performance of services constituted acceptance of price where insurer offered no evidence that repair shop intended to relinquish right to charge what it deemed necessary to replace windshield — Instead, evidence showed that shop immediately notified insurer through its invoice that it did not accept insurer’s pricing limits and has constantly reminded insurer of its intention not to accept those limits through series of lawsuits — Repair shop’s motion for directed verdict is granted

26 Fla. L. Weekly Supp. 423a

Online Reference: FLWSUPP 2605CLARInsurance — Homeowners — Water damage — Arbitration — Absence of timely request for trial de novo — Judgment entered in accordance with arbitration award finding in favor of assignee who performed water remediation services following one-time water event caused by broken supply line beneath kitchen sink

26 Fla. L. Weekly Supp. 829a

Online Reference: FLWSUPP 2610PARRInsurance — Property — Appraisal — Impartial appraiser — Where insured disclosed to insurer that he had agreement with his designated appraiser to serve as public adjuster on claim, insurance policy’s appraisal provision requiring parties to select disinterested appraiser is satisfied and disqualification of appraiser is not appropriate