Volume 8

8 Fla. L. Weekly Supp. 849c

Insurance — Personal injury protection — Assignment — Evidence and course of conduct reflect intent of parties for benefits to have been assigned — Insurance company’s reliance on assignment is indication that document is actual assignment — Document that states word assignment in more than one location and contains language authorizing the release of information and instructions to assignee’s attorney concerning potential settlement is more than direct payment authorization

8 Fla. L. Weekly Supp. 849b

Insurance — Personal injury protection — Assignment — Evidence and course of conduct reflect intent of parties for benefits to have been assigned — Insurance company’s reliance on assignment is indication that document is actual assignment — Document that states word assignment in more than one location and contains language authorizing the release of information and instructions to assignee’s attorney concerning potential settlement is more than direct payment authorization

8 Fla. L. Weekly Supp. 125a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 8 Fla. L. Weekly Supp. 406a

Insurance — Personal injury protection — Assignment of benefits to medical provider not supported by valid consideration where it holds insured personally liable to provider in event provider does not collect from insurer and also makes insured personally liable for interest for any balance owed 45 days after service

8 Fla. L. Weekly Supp. 311b

Insurance — Personal injury protection — Assignment — Insurer’s motion to dismiss assignee’s complaint to recover PIP benefits for submitted medical bills because the assignment of benefits is not supported by consideration denied — There is consideration for both the assignee and assignor in assignment of benefits — Either doctor or medical care provider and patient are forgoing or assuming rights that they would not otherwise have under normal circumstances — County court decisions cited by insurer to support its arguments are not binding upon court

8 Fla. L. Weekly Supp. 316a

Insurance — Personal injury protection — Assignments — Non-medical provider — Motion to dismiss cause of action brought by collection agency assignee to recover PIP benefits relating to injuries insured sustained in automobile accident denied — Collection agency assignee obtained valid assignment from insured and therefore is entitled to all of rights and remedies available to insured under PIP statute, even if assignee is non-medical provider — To prohibit non-medical provider from recovery would offend purposes of PIP statute, which is to provide prompt payment of benefits to insured after accident

8 Fla. L. Weekly Supp. 817c

Insurance — Personal injury protection — Dismissal — Assignment — Attachment of assignment of benefits complaint by provider claiming PIP benefits is not required — However, because section 627.736(5)(a) requires some sort of written instrument for insurer to make direct payments to provider, provider cannot maintain cause of action for nonpayment without written instrument, and instrument must be attached to complaint pursuant to rule 1.130(a) — Where provider was given opportunity to cure defect, but rather than doing so, asked for and received a dismissal with prejudice, circuit court has no choice but to affirm dismissal

8 Fla. L. Weekly Supp. 648a

Insurance — Personal injury protection — Medical provider’s allegation of standing by way of assignment of benefits is sufficient to withstand motion to dismiss, notwithstanding fact that provider did not attach assignment — Motion for summary judgment which is unsupported by any affidavits or depositions, but is based solely on absence of record evidence establishing plaintiff’s standing, is denied

8 Fla. L. Weekly Supp. 650a

Insurance — Personal injury protection — Assignment — Plaintiff medical provider has 15 days to amend statement of claim to allege the grounds for assignment of PIP benefits or allege that it is written assignment

8 Fla. L. Weekly Supp. 605a

Insurance — Personal injury protection — Assignment — Standing — Where medical provider in action for PIP benefits never presented proof of the existence of an assignment, and provider’s staff member testified that provider does not take assignments, competent substantial evidence supported trial court’s finding that assignment did not exist — Without an assignment, medical provider lacked standing, and court lacked subject matter jurisdiction — Civil procedure — Jurisdiction — Fact that insurer failed to object or raise issue is irrelevant since subject matter jurisdiction cannot be waived by stipulation or failure to object — Argument that insurer is precluded from raising issue by entry of judgment lacks merit since subject matter jurisdiction can be questioned at any time — Judges — Rendering of decision by successor judge was properly done where successor reviewed a point overlooked by predecessor which rendered judgment erroneous and did not review case on merits

8 Fla. L. Weekly Supp. 502a

Insurance — Dismissal — Assignment — Motion to dismiss complaint on grounds that provider lacked standing was improvidently granted because court went beyond four corners of the complaint to evaluate document not attached to complaint that provider claimed was an assignment of benefits — Conclusory allegation of assignment of benefits was sufficient to withstand motion to dismiss — Order granting motion to dismiss and motion for sanctions vacated