18 Fla. L. Weekly Supp. 903c
Online Reference: FLWSUPP 1809BENJ
Insurance — Personal injury protection — Declaratory judgment — Standing — Insureds have right to seek declaratory judgment regarding their rights and benefits under PIP policy irrespective of assignments executed in favor of medical providers
JONATHAN BENJAMIN and PAUL BENJAMIN, Plaintiffs, vs. MENDOTA INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 09-CC-23090. June 29, 2011. Honorable John E. Jordan, Judge. Counsel: Kevin B. Weiss, Weiss Legal Group, P.A., Orlando, and John Colvin, Mooney Colvin, P.L., Orlando, for Plaintiffs. Joseph W. Carey, Kubicki Draper, Orlando, for Defendant.
ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE having come on to be heard on Defendant’s Motion for Summary Judgment on April 7, 2011 at 1:30 PM and the Court having reviewed the pleadings on file and upon argument of counsel, it is hereby Ordered and Adjudged that:
1. The Defendant’s Motion for Summary Judgment is DENIED.
2. The Plaintiffs have withdrawn their breach of contract claims related to the Defendant’s non-payment of medical bills. The Court finds that the existence of assignments to specific medical providers is irrelevant to the Plaintiffs’ claim for declaratory relief against their insurance company. The Plaintiffs have a right to seek a determination as to their rights and benefits under their policy of insurance with the Defendant in light of the Defendant’s correspondence to their insureds that it would not be providing PIP benefits.
