Volume 6

6 Fla. L. Weekly Supp. 720b

Insurance — Personal injury protection — Plaintiff is equitable assignee of PIP benefits under policy at issue — Factual issue exists as to whether there are outstanding interest payments owed on bills which were paid prior to benefits being exhausted — Motion for summary judgment denied

6 Fla. L. Weekly Supp. 574a

Insurance — Personal injury protection — Insurer did not waive its right to contest medical provider’s standing by entering into stipulation effecting a partial settlement which limited remaining issues to services rendered after IME cutoff and a nerve conduction study — Motion to dismiss on ground that no assignment was attached to the complaint is denied — For purposes of motion to dismiss court is obliged to accept allegations that insured executed an assignment of benefits in favor of plaintiff where those allegations are not negated by the document filed with the court

6 Fla. L. Weekly Supp. 794a

Insurance — Personal injury protection — Health care provider who did not have effective assignment of benefits from insured lacked standing to bring action against insurer — Document purporting to be assignment of benefits is merely a direction to pay, and does not constitute an assignment of insured’s rights to sue under subject insurance policy — Insurer’s motion for summary judgment granted

6 Fla. L. Weekly Supp. 679a

Insurance — Personal injury protection — De facto or implied assignment of benefits — Medical provider’s act of submitting a bill for diagnostic testing with the insured/patient’s permission, through an authorization for direct payment — Summary judgment inappropriate where unresolved material issue of fact remains

6 Fla. L. Weekly Supp. 328d

Insurance — Arbitration — Insurer waived right to demand arbitration by litigating over two years before making arbitration demand

6 Fla. L. Weekly Supp. 720d

Insurance — Personal injury protection — Defendant waived right to arbitration by refusing to arbitrate

6 Fla. L. Weekly Supp. 20a

Insurance — Personal injury protection — Arbitration — Insurer did not waive its right to arbitrate claim disputes arising between itself and medical service provider by making offer of judgment and requesting independent medical examination — Conduct did not constitute inconsistent acts which would result in waiver of right to arbitrate — Reversible error to dismiss insured’s action against insurer to enforce payment of PIP benefits and to direct parties to proceed with arbitration, because assignment of benefits which gave rise to right to arbitrate was revoked prior to claims dispute between insurer and medical service provider and prior to insurer’s request for arbitration — Because assignment had expired, statutory and policy provisions requiring binding arbitration of claims disputes between medical service provider and insurer no longer applied — Revocation of assignment afforded insured right to bring legal action to recover PIP benefits

6 Fla. L. Weekly Supp. 661a

Insurance — Personal injury protection — Arbitration — Insurer’s motion to compel arbitration of dispute with health care provider denied — Regardless of whether arbitration is dictated by section 627.736(5), which has been held unconstitutional by district court of appeal, or required by a contract provision that is, in turn, required by the statute, it is the mandatory nature of the arbitration that violates provider’s due process rights — Arbitration provision in instant contract was product of mutual mistake as to the law applicable to the agreement because each party was contracting in accordance with and pursuant to section 627.736(5), which the parties mistakenly assumed was valid — Reformation of agreement to delete arbitration provision is appropriate — Estoppel — Provider not estopped to oppose arbitration by fact that it initially sought to compel arbitration — By initially seeking to compel arbitration under facially valid statute, provider did nothing more nor less than what appeared to be required by statute

6 Fla. L. Weekly Supp. 680a

Arbitration — Insurance — Trial court properly ruled that insurer was not entitled to arbitrate dispute with medical provider where suit was brought by provider as insured’s attorney-in-fact, not as assignee — Authorization form signed and executed by insured created an attorney-in-fact relationship between provider and insured and expressly excluded the intent to create an assignment — Even if an assignment were created by authorization document, binding provider to arbitration is violation of due process — Attorney’s fees — Provider’s motion for attorney’s fees and costs for time spent defending appeal granted — Amount to be determined by trial court on remand

6 Fla. L. Weekly Supp. 101b

Insurance — Personal injury protection — Arbitration — Dispute between insurer and medical service provider must be referred to arbitration unless parties have waived arbitration — Issue of waiver may be determined only by evidentiary hearing on motion to stay pending arbitration — Declaratory judgments — Count for declaratory relief seeking determination as to whether insurer may deny PIP benefits based solely upon paper review of insured’s medical records dismissed — In view of decision of circuit court sitting in its appellate capacity holding that denial decision could not be based solely on paper review, no uncertainty on issue exists in circuit