United Automobile Insurance Company v. Rivero Diagnostic Center, Inc., a/a/o Carlos Bacallao
A PIP insurer issued a check bearing the language "FULL & FINAL PAYMENT OF PIP BENEFITS" on the payee line, which the medical-provider assignee endorsed and cashed before suing for additional benefits. The trial court granted summary judgment against the insurer's accord and satisfaction defense, finding the language not "conspicuous" under section 673.3111(2). The Third DCA reversed, holding the notation was conspicuous as a matter of law because section 671.201(10)'s listed formats are merely examples and the controlling test is whether attention can reasonably be expected to be called to the term.
Key facts
- PIP insurer United Automobile Insurance Company issued a check to medical provider Rivero Diagnostic Center with 'FULL & FINAL PAYMENT OF PIP BENEFITS' printed on the payee line; the provider endorsed and cashed the check before suing for additional benefits.
- The provider claimed the accord and satisfaction language was not sufficiently conspicuous under Florida Statute section 673.3111(2), and the trial court granted summary judgment in the provider's favor on that issue.
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Why it matters
This appears to be the first Florida appellate decision squarely holding that a 'full and final payment' notation on the face of a check is conspicuous under section 673.3111(2), a recurring battleground in PIP and… — full analysis with a trial
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