Volume 8

8 Fla. L. Weekly Supp. 200d

Insurance — Personal injury protection — Delay in payment of benefits — Interest

8 Fla. L. Weekly Supp. 200c

Insurance — Personal injury protection — Delay in payment of benefits — Interest

8 Fla. L. Weekly Supp. 200b

Insurance — Personal injury protection — Assignment — Motion to dismiss and/or motion for summary judgment denied in action brought by assignee against insurer — Language of document entitled “Assignment of Benefits” acts both as assignment of benefits, and as authorization to pay assignee directly

8 Fla. L. Weekly Supp. 738a

Insurance — Standing — Amended complaint against insurer dismissed for lack of standing where attachment to complaint purports to assign benefits under insurance contract to a company other than the plaintiff

8 Fla. L. Weekly Supp. 271a

Insurance — Personal injury protection — Arbitration — Complaint by medical provider for payment of PIP insurance benefits — Statute which requires mandatory arbitration for all medical provider assignees of PIP benefits and which provides for prevailing party attorney’s fees has been held unconstitutional by Florida Supreme Court — Order compelling arbitration reversed and matter remanded for further proceedings

8 Fla. L. Weekly Supp. 141a

Insurance — Personal injury protection — Dispute between medical provider and insurer — Statute which requires mandatory arbitration for all medical provider assignees has been held unconstitutional by Florida Supreme Court — Trial court erred in granting insurer’s motion to dismiss and compelling parties to proceed to arbitration — Medical provider, as prevailing party, entitled to costs if it timely files motion with lower tribunal within thirty days of mandate — Provider’s motion for attorney’s fees provisionally granted, subject to provider ultimately prevailing in entire action below and subject to trial court’s determination that provider is entitled to attorney’s fees under section 627.428(1)

8 Fla. L. Weekly Supp. 140a

Insurance — Personal injury protection — Dispute between medical provider and insurer — Statute which requires mandatory arbitration for all medical provider assignees has been held unconstitutional by Florida Supreme Court — Trial court erred in dismissing complaint and compelling parties to proceed to arbitration — Medical provider, as prevailing party, entitled to costs if it timely files motion with lower tribunal within thirty days of mandate — Provider’s motion for attorney’s fees provisionally granted, subject to provider ultimately prevailing in entire action below and subject to trial court’s determination that provider is entitled to attorney’s fees under section 627.428(1)

8 Fla. L. Weekly Supp. 139b

Insurance — Personal injury protection — Dispute between medical provider and insurer — Statute which requires mandatory arbitration for all medical provider assignees has been held unconstitutional by Florida Supreme Court — Trial court erred in dismissing first amended complaint and compelling parties to proceed to arbitration — Medical provider, as prevailing party, entitled to costs if it timely files motion with lower tribunal within thirty days of mandate — Provider’s motion for attorney’s fees provisionally granted, subject to provider ultimately prevailing in entire action below and subject to trial court’s determination that provider is entitled to attorney’s fees under section 627.428(1)

8 Fla. L. Weekly Supp. 135a

Insurance — Personal injury protection — Dispute between medical provider and insurer — Statute which requires mandatory arbitration for all medical provider assignees has been held unconstitutional by Florida Supreme Court — Error to enter order staying litigation and compelling parties to proceed to arbitration — Medical provider, as prevailing party, entitled to costs if it timely files motion with lower tribunal within thirty days of mandate — Provider’s motion for attorney’s fees provisionally granted, subject to provider ultimately prevailing in entire action below and subject to trial court’s determination that provider is entitled to attorney’s fees under section 627.428(1)

8 Fla. L. Weekly Supp. 12a

Insurance — Personal injury protection — Arbitration — Statute providing for mandatory arbitration of disputes between insurer and medical services provider to whom PIP benefits have been assigned and providing for prevailing party attorney’s fees has been held unconstitutional by Florida Supreme Court — Order compelling arbitration reversed, and matter remanded for further proceedings — Provider’s motion for attorney’s fees provisionally granted