Volume 9

9 Fla. L. Weekly Supp. 619b

Insurance — Attorney’s fees — Contingency risk multiplier of 2 is awarded where multiplier was necessary to attract competent counsel because insured’s attorneys could not mitigate risk of non-recovery by insureds who could not afford to pay attorney’s fees, chance of success in claim against insurer denying coverage due to insured’s failure to disclose on application that daughter who is a licensed driver resided in his home was fairly unlikely at outset, and results obtained were maximum available under policy — Reasonable hourly rates determined — Costs, including expert witness fee, awarded — Prejudgment interest awarded from date insurer agreed to insured’s entitlement to attorney’s fees and costs

9 Fla. L. Weekly Supp. 327a

Insurance — Attorney’s fees

9 Fla. L. Weekly Supp. 95a

Insurance — Personal injury protection — Dispute between medical provider and insurer — Standing — Assignment — Where insured intended to apply benefits toward her medical care, and medical provider intended transaction to be an assignment, trial court’s finding that documents created assignment and jury verdict predicated thereon are not clearly erroneous despite absence of word “assignment” and insured’s remaining liability for payment — Where insured irrevocably transferred right to apply PIP benefits as remuneration for her medical care, she relinquished her rights to PIP payment and no longer retained control to collect, and medical provider legitimately sued for satisfaction of its assignment — Insurer’s argument attacking lack of consideration for assignment is mistaken because this defense is the privilege of assignor — Assignment is not gratuitous as legal consideration was achieved when insured fully transferred right of payment to medical provider

9 Fla. L. Weekly Supp. 321a

Insurance — Personal injury protection — Dispute between medical provider and insurer — Standing — Assignment — Where insurance policy provides that no change of interest in policy is effective unless insurer consents in writing by means of endorsement to the policy, insured was prohibited from assigning rights under policy absent endorsement — Summary judgment entered against medical provider — Medical provider to have 30 days within which to file suit on behalf of insured

9 Fla. L. Weekly Supp. 399b

Insurance — Personal injury protection — Dispute between medical provider and insurer — Standing — Assignment not invalidated by failure of insured to obtain insurer’s prior written consent — Summary judgment based on argument that written document is insufficient as an assignment is denied where there is dispute as to insured’s intent to assign rights and benefits to medical provider — Assignment may be established by parol evidence or additional testimony of the insured — Summary judgment denied as to three arguments which concern factual disputes as to codes and billing issues

9 Fla. L. Weekly Supp. 780a

Insurance — Standing — Assignment — Purported assignment was ineffective for failure to obtain written consent of insurer as required clear and unambiguous terms of policy — Insurer’s motion for summary judgment granted

9 Fla. L. Weekly Supp. 705b

Insurance — Assignment — Failure to comply with procedure set forth in insurance contract

9 Fla. L. Weekly Supp. 402d

Insurance — Personal injury protection — Standing — Assignment — Motion to dismiss denied where insurer has failed to establish any terms in contract itself forbidding assignment, or that assignment dated more than one year after last date of service violates some rule of public policy or statute

9 Fla. L. Weekly Supp. 148a

Insurance — Personal injury protection — Standing — Assignment — Revocation — Where medical provider to which insured had assigned PIP benefits made demand for arbitration several months before insured executed revocation of assignment, revocation was meaningless — Error to deny insurer’s motion for summary judgment since insured did not have standing to maintain suit

9 Fla. L. Weekly Supp. 399a

Insurance — Personal injury protection — Standing — Assignment — Revocation — Summary judgment based on medical provider’s lack of standing granted where insured signed assignment of benefits and document revoking assignment on same date