Volume 8

8 Fla. L. Weekly Supp. 711a

Insurance — Uninsured motorist — Presumption of negligence attributed to underinsured driver whose vehicle rear-ended plaintiff’s vehicle was not overcome — Stop made by plaintiff was at a time, place, and location where it could have been reasonably expected, and following driver, by his own admission, could have avoided accident had he traveled safe distance behind plaintiff — Plaintiff’s motion for summary judgment granted

8 Fla. L. Weekly Supp. 193a

Insurance — Uninsured motorist — Court’s prior order granting emergency motion to stay execution of judgment was not intended to act as stay against Insurance Commissioner taking action against insurer as provided by statutes authorizing revocation of certificate of authority for failure to satisfy judgment for period of more than sixty days

8 Fla. L. Weekly Supp. 827a

Insurance — Settlement agreement — Where parties entered into a settlement agreement and reached a meeting of minds as to essential terms of agreement, policy limits demanded were tendered by insurer in timely fashion, only dispute arose from claimants’ objection to indemnification language in releases provided by insurer, but claimants’ counsel never gave insurer the opportunity to amend releases, summary judgment is entered in favor of insurer — Claimants are ordered to execute general release in form previously provided to and agreed to by claimants’ counsel

Reversed at 27 Fla. L. Weekly D2188a

8 Fla. L. Weekly Supp. 485b

Insurance — Fire — Surplus lines carrier and unauthorized insurer — Security — Bond or deposit of cash or securities into court registry — Amount

8 Fla. L. Weekly Supp. 514a

Insurance — Time to respond to proposal for settlement

8 Fla. L. Weekly Supp. 44a

Insurance — Personal injury protection — Collection agency cannot pursue action against insurer under section 627.736

8 Fla. L. Weekly Supp. 197a

Insurance — Personal injury protection — Insurer’s right of reimbursement against insurer or owner of commercial motor vehicle — 1991 Ford sedan driven by plaintiff, though being used as taxi cab, is not commercial vehicle as defined in Section 627.732, Florida Statutes, and thus insurer is not entitled to reimbursement pursuant to Section 627.7405, Florida Statutes

8 Fla. L. Weekly Supp. 839a

Hospitals — Health Maintenance Organizations — Insurance — Hospital claim of lien — Action by hospital to pursue liens against patient’s personal injury protection and uninsured motorist coverage rather than submitting bills to patient’s health insurance carrier where express terms of participating provider agreement between hospital and carrier provide that hospital will accept payment from carrier as payment in full for covered services — Coordination of benefits provision of health insurance policy operates as between health insurance carrier and insured only, not as vehicle for hospital to circumvent express terms of contract to accept payment from carrier as payment in full — Hospital waived statutory right to pursue its liens by entering into participating provider agreement with health insurance carrier — Medicare and Medicaid statutes, which provide that payment may not be made for any item or service to the extent that payment is made or can reasonably be expected to be made by automobile, liability or no fault insurance, are inapplicable — No merit to claim that because participating provider contract does not contain express language modifying or limiting hospitals’ statutory hospital lien rights, silence must result in upholding lien claims as if there were no health insurance coverage — Contract read in pari materia with Florida HMO Act provision that HMO subscriber is not liable to medical provider for any services for which the HMO is liable supports conclusion that hospital has no right to recourse against patient except for applicable co-payments and deductibles for covered services or fees for services not covered by health insurance policy — Liens invalidated by HMO Act

See 9 Fla. L. Weekly Supp. 380a

8 Fla. L. Weekly Supp. 531a

Insurance — Personal injury protection — Venue — Insurer’s claim that allowing medical provider to maintain suit in Orange County would promote forum shopping by provider seeking to avoid being compelled to arbitration in Hillsborough County under ruling in Orion Insurance Co. v. Magnetic Imaging Systems, Inc. lacks merit since the supreme court’s decision in Nationwide Mut. Fire Ins. Co. v. Pinnacle Medical, Inc. held the mandatory arbitration provision in section 627.736(5), Florida Statutes, to be unconstitutional — Record does not reflect any evidence demonstrating how insurer would be inconvenienced or burdened by litigating action in Orange County — Order transferring venue reversed

8 Fla. L. Weekly Supp. 406a

Civil procedure — Insurance — Personal injury protection — Where court previously held that medical provider lacked standing because assignment of benefits to medical provider was not supported by valid consideration where it held insured personally liable to provider in event provider did not collect from insurer and also made insured personally liable for interest for any balance owed 45 days after service, medical provider could not subsequently amend the assignment and then file amended complaint basing its standing allegations upon the amended assignment — Standing is determined by facts in existence at time of filing of original complaint — Motion for clarification and to allow plaintiffs’ amended complaint to stand is denied