10 Fla. L. Weekly Supp. 357a
Insurance — Standing — Assignment — Validity — Documents executed on same date, one purporting to be assignment of benefits and another revoking any and all assignments, are inconsistent, cancel each other out, and divest medical provider of standing — Summary judgment granted in favor of insurer
CAMBER COMPANIES SOUTHEAST a/a/o Brian Reise, Plaintiff, vs. METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 2002-3547-CC-Div I. March 18, 2003. Charlotte W. Anderson, Judge. Counsel: Marc B. Nussbaum, Reynolds & Stowell, St. Petersburg.
ORDER
THIS CAUSE having come on for hearing on Defendant’s Second Amended Motion For Summary Judgment, Second Amended Motion To Strike Plaintiff’s Claim For Attorney’s Fees and Costs, and Memorandum In Support Thereof, on March 11, 2003, and the Court being fully advised in the premises, and noting appropriate notice to have been provided to Plaintiff, it is hereby,
ORDERED and ADJUDGED that Defendant’s Motion is Granted. The court finds that Plaintiff had the insured execute two documents on the same date, one purporting to be an assignment of benefits and another stating “I hereby revoke, rescind and withdraw any and all assignments heretofore executed in favor of the above medical care provider…My medical provider will not enter into any dispute with my insurance company over payment of benefits”. The court finds the two documents are inconsistent, canceling each other out and divesting Plaintiff of standing to pursue this action. The court reserves jurisdiction to address Defendant’s Entitlement To Attorney’s Fees and Costs.
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