Volume 9

9 Fla. L. Weekly Supp. 564a

Insurance — Personal injury protection — Standing — Assignment — Document stating that it is direct assignment of rights and benefits under policy is valid assignment — Insurer’s motion to dismiss denied

9 Fla. L. Weekly Supp. 169a

Insurance — Personal injury protection — Standing — De facto or implied assignment of benefits — Document which directs insurer to pay by check to medical provider any outstanding balance at the time of settlement does not assign insured’s PIP benefits to provider where there is nothing in the plain language of the document that transfers any of the insured’s interest in his PIP benefits or gives provider any rights to enforce insured’s claim for benefits, and language is inconsistent with an intent to create an equitable assignment — Trial court correctly dismissed action with prejudice where amended complaint facially revealed that medical provider lacked standing to bring action against insurer

9 Fla. L. Weekly Supp. 249b

Insurance — Personal injury protection — Standing — Assignment — Small claims — It is not necessary to attach copy of assignment in action for PIP benefits in small claims — Undated assignment that is blank as to provider is sufficient — Motion to apply Florida Rules of Civil Procedure granted

9 Fla. L. Weekly Supp. 152a

Insurance — Personal injury protection — Error to enter summary judgment in favor of medical provider based on insurer’s failure to pay or obtain reasonable proof for denial within thirty days of receiving provider’s bill — Standing — Assignment — “Appointment as Agent-in-Fact with full Power of Attorney” conferred standing on medical provider to maintain lawsuit against insurer

9 Fla. L. Weekly Supp. 154a

Insurance — Personal injury protection — Attorney’s fees — Standing — Assignment — Issue of medical provider’s standing to pursue claim for which attorney’s fees were awarded was not properly preserved for review where issue was only raised in affirmative defenses, not in response to provider’s motion to establish entitlement to fees or at hearing on that motion — Even if issue was properly preserved for review, medical provider has standing pursuant to power of attorney that gives provider the power to collect payment for medical services rendered and the right to sue on behalf of insured for any unpaid medical bills — Trial court correctly determined that medical provider was entitled to attorney’s fees based on insurer’s confession of judgment by payment of benefits after litigation commenced

9 Fla. L. Weekly Supp. 631c

Insurance — Personal injury protection — Standing — Assignment — Where financial agreement authorizes direct payment to medical provider in one paragraph and states that it assigns benefits to medical provider in another, document is ambiguous as to whether assignment was intended or whether it is direction to pay, and court may consider evidence of parties’ intent — Insurer’s motion to dismiss is denied

9 Fla. L. Weekly Supp. 639a

Insurance — Personal injury protection — Standing — Assignment — Document that states it is a direct assignment of rights and benefits under policy is a valid assignment, not direction to pay — Absence of medical provider’s signature alone does not invalidate otherwise valid assignment — Court may look to medical provider’s conduct in providing treatment, submitting bills to insurer, and filing PIP suit to determine medical provider’s intent to accept assignment — Motion to dismiss denied

9 Fla. L. Weekly Supp. 170b

Insurance — Personal injury protection — Standing — Equitable assignment — Trial court erred in failing to put aside jury’s determination that an assignment existed and denying insured’s motion for directed verdict on issue of existence of an assignment in absence of any meaningful evidence to support the existence of an assignment where there was no document formally assigning insured’s rights under her PIP policy to medical provider, provider and insured testified that they had no agreement as to an assignment, provider testified that she did not intend to enter into an assignment with insured, and insured testified that she did not understand the significance of an assignment and merely wanted the care she needed — Direct payment from insurer to provider and assertion on claim form that there was an assignment, in absence of an additional writing or other understanding, are not evidence of an equitable assignment — Fact that other medical providers accepted assignments from insured is irrelevant as to the agreement between insured and this provider

9 Fla. L. Weekly Supp. 777a

Insurance — Personal injury protection — Standing — Assignment — Document containing titles of “Assignment” and “Assignment of Medical Benefits” and text describing only direction to pay is ambiguous — Where insurer’s personnel treated insurer-created document as an assignment and made payment to medical provider in accordance with policy to only make payments directly to medical provider if provider has accepted an assignment of benefits, it would be inequitable to allow insurer to deny that document is an assignment — Summary judgment entered in favor of medical provider on standing issue

9 Fla. L. Weekly Supp. 328a

Insurance — Personal injury protection — Dispute between medical provider and insurer — Standing — Assignment — Where first paragraph of document provides that insured is merely directing payment from insurer to medical provider, and last paragraph indicates that medical provider is accepting an assignment but is unsigned by provider, document is a direction to pay, not an assignment