Volume 5

5 Fla. L. Weekly Supp. 700b

Criminal law — Search and seizure — Warrantless entry — Entry into private apartment was unlawful where officers, responding to a “loud party” call, failed to knock and announce their purpose, were responding to, at best, a misdemeanor complaint, and did not obtain proper consent prior to entering — Officers responding to misdemeanor complaint may not lawfully enter private premises without a warrant even if the crime was committed in their presence — Woman who motioned officer into apartment did not have common authority over the premises — Officer’s failure to make any inquiry as to woman’s ability to consent to his entry rendered belief that she had such authority, unreasonable — Where entry was unlawful, defendant’s act in turning over contraband is deemed the result of the unlawful entry — Defendant, when he turned over contraband to officer, was responding to show of authority, so that any consensual encounter ceased to exist — All evidence seized as a result suppressed

5 Fla. L. Weekly Supp. 663a

Insurance — Personal injury protection — Small claims action against insurer by assignee of PIP benefits, claiming that insurer, who made payments on subsequently submitted bills until limits of PIP coverage had been exhausted, failed to timely pay assignee’s PIP claim — Summary judgment improper where material issues of fact remain as to whether assignee was formally notified that its claim for PIP benefits was denied, whether assignee was notified of reason for denial, whether insurer had reasonable proof of its nonresponsibility for bill, and whether the way assignee’s bill was handled is standard procedure used by insurer and insurance industry

5 Fla. L. Weekly Supp. 845a

Declaratory judgments — Insurance — Personal injury protection — Declaratory action is appropriate for resolving questions of law even if arbitration will try disputed facts — Because issue raised by plaintiff concerning whether insurer can withdraw payment of PIP benefits based solely on paper review of medical records has already been settled in circuit, there is no disputed question of law and action for declaratory relief is inappropriate

5 Fla. L. Weekly Supp. 45a

Insurance — Personal injury protection — Error to find insured failed to comply with statute requiring that medical records be furnished to PIP insurer — Requirement applies to health care providers, not to insureds receiving medical attention — Insured fulfilled his duties under policy when he submitted proof of loss and authorized insurer to obtain medical reports and other pertinent records relating to incident giving rise to claim — Insurer may not require insured to provide it with all supporting medical records before receiving PIP benefits — Insurer must pay PIP benefits to claimant within thirty days of receiving notice of loss and amount of loss — Insurer has burden of authenticating claim within thirty-day statutory time period — Error to enter summary judgment in favor of insurer

5 Fla. L. Weekly Supp. 90a

Conflict of laws — Insurance — Lex loci contractus — Personal injury protection — Where insured was New York resident and insured vehicle was garaged in New York; insurer was New York corporation with its principal place of business in that state; application for insurance was submitted to insurer, the contract entered into, and the policy issued in New York; and the policy specifically referred to application of New York law, New York law applied to Florida assignee’s claim against insurer for costs of treating injuries sustained by insured in Florida accident

5 Fla. L. Weekly Supp. 512a

Insurance — Personal injury protection — Where medical provider agreed to accept from insurer an amount less than 80% of the original bill in full satisfaction of insurerşs portion of bill, insured could be held responsible to medical provider for only 20% of the adjusted bill

5 Fla. L. Weekly Supp. 28a

Insurance — Personal injury protection — Liens — Hospitals — For purposes of law authorizing hospital liens for entities operating public hospitals in Palm Beach County, public hospital is an institution owned by public and devoted chiefly to public uses and purposes — Insurer erred by insisting that hospital had lien and that lien should be protected by tendering check for remaining PIP benefits payable to both insured and hospital — Question certified: Does a hospital operating in Palm Beach County need to be a “public hospital” in order to claim under or be entitled to a lien under Chapter 57-1688, Laws of Florida, 1957; and if so, what is a “public hospital” under the law? — Court retains jurisdiction to determine what effect insured’s assignment to hospital has on insurer’s obligation to pay lost wage benefits to plaintiff

5 Fla. L. Weekly Supp. 126a

Insurance — Personal injury protection — Assignment — Plaintiff’s claim for wage loss for two days preceding her admission to hospital not barred by plaintiff’s assignment of PIP benefits to hospital — Entitlement to wage loss benefits accrued on the dates loss was sustained, which was prior to assignment of benefits, and insurer should have prioritized wage loss claim before payment of assignee’s bill

5 Fla. L. Weekly Supp. 841a

Insurance — Authorization to pay without an assignment of benefits executed by insured and insured’s providers does not constitute a valid assignment — Insured retains standing to sue insurer

5 Fla. L. Weekly Supp. 484a

Insurance — Personal injury protection — Insured’s action against insurer to recover unpaid PIP benefits — Insured lacks standing to sue with respect to those benefits which were assigned to medical providers, and insurer’s motion to dismiss those claims is granted — Insured has standing to bring action related to claims which arose subsequent to date assignment was revoked — Insurer’s motion to dismiss claims relating to certain medical provider denied because court cannot determine if document titled “Authorization to Pay Physician” is in fact an assignment of benefits — Insurer may conduct limited discovery relating to authorization to pay without waiving right to compel arbitration