10 Fla. L. Weekly Supp. 642c
Insurance — Standing — Assignment — Validity — Document which fails to transfer all interests under insurance contract and results in insured remaining directly and fully responsible to medical provider for bills is direction to pay notwithstanding provision stating insured assigns benefits — Summary judgment granted in favor of insurer
CLINIC HEALTH SERVICES, INC. (as Assignee of ROSA FITZSIMMONS), Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 02-17151-SC. Division I. January 21, 2003. Charlotte W. Anderson, Judge. Counsel: David B. Kampf, Ramey Ramey & Kampf, Tampa. D. Daryl Romano.
ORDER FROM STATE FARM’S MOTIONFOR SUMMARY JUDGMENT
THIS CAUSE having come before the Court on December 19, 2002, before Honorable Charlotte Anderson, and the Court being fully advised in the premises, it is thereupon,
ORDERED AND ADJUDGED as follows:
1. Plaintiff’s ore tenus motion to amend complaint and add document entitled “RELEASE, ASSIGNMENT, & PROVIDER’S LIEN” shall hereby be granted.
2. After reviewing the document presented to the Court during hearing, this Court finds the document is not a valid and legal assignment of benefits and cause of action entitling Plaintiff to the current cause of action.
3. This Court refers to the last paragraph of the document which provides:
“I fully understand that I am directly and fully responsible to the said provider for all professional bills submitted and that this agreement is made solely for Clinical Health Services, Inc., awaiting payment. I further understand that such payment is not contingent on any settlement, judgment or verdict by which I may eventually recover the said fee.”
4. This Court finds that the document fails to transfer all interests under the insurance contract and results in the patient remaining “directly and fully responsible to the said medical provider for all professional bills submitted.”
5. This Court finds the document is not a legal assignment of benefits. This court further finds the document to be a direction to pay the medical provider directly notwithstanding the document provides the “patient hereby assigns the benefits of insurance.”
WHEREFORE, it is
ORDERED AND ADJUDGED that Defendant’s Motion for Summary Judgment be and the same is hereby granted.
This Court reserves jurisdiction to address attorneys’ fees and costs.
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