10 Fla. L. Weekly Supp. 200d
Insurance — Personal injury protection — Standing — Assignment — Dispute between insured and insurer — Insured who assigned PIP benefits to medical provider did not have standing to bring suit against insurer, and medical provider’s attempt to reassign benefits back to insured after insured filed suit did not create standing for insured
CAROLYN STOLL, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 99-31275 COCI. February 13, 2002. Order On Defendant’s Motion For Final Summary Judgment, November 16, 2001. H. Pope Hamrick, Jr., Judge. Counsel: Donald J. Masten, Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Orlando. Michael Shiffman. Adam J. Sacks.
FINAL JUDGMENT
Pursuant to the Order on Defendant’s Motion for Final Summary Judgment entered in this action on November 16, 2001 in favor of Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, and against plaintiff, CAROLYN STOLL,
IT IS ADJUDGED:
That Plaintiff, CAROLYN STOLL, take nothing by this action and Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, go hence without day.
IT IS FURTHER ADJUDGED:
That the Court reserves jurisdiction to determine Defendant’s entitlement to taxable fees and costs.
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ORDER ON DEFENDANT’S MOTIONFOR FINAL SUMMARY JUDGMENT
THIS CAUSE came on to be heard before the Honorable H. Pope Hamrick, Jr. on October 29, 2001 on Defendant’s Motion for Final Summary Judgment, and the Court, having heard argument of counsel and being otherwise fully informed in the premises it is hereby
ORDERED AND ADJUDGED as follows:
1. On August 4, 1998 Plaintiff assigned her rights for PIP coverage to All Family Clinics, Inc. Because of this assignment, Plaintiff did not have standing when she initiated suit on April 27, 1999.
2. All Family Clinic’s attempt to reassign Plaintiff’s insurance benefits back to Plaintiff is invalid. The purported reassignment, as a matter of law, did not create standing for Plaintiff in this cause of action. Allowing Plaintiff to obtain a reassignment of medical benefits after filing suit would unfairly set up Defendant for a claim for attorney’s fees.
Defendant’s Motion for Summary Judgment is GRANTED. Plaintiff’s standing was determined at the time she filed suit.
The Court retains jurisdiction as to Defendant’s entitlement to its attorney’s fees and costs and any other relief the Court deems just and proper.
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