10 Fla. L. Weekly Supp. 917a
Insurance — Personal injury protection — Provider’s action against insurer dismissed based on provider’s failure to attach to complaint a copy of assignment executed by insured and failure to allege in body of complaint that insurer had assigned benefits to plaintiff
DR. VINCENT PREZIOSI, as assignee of Bonelia Mathurin, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. SCO-03-4244. August 25, 2003. Jerry Brewer, Judge. Counsel: George Milev. David Heil.
ORDER
THIS CAUSE having come before the Court on Defendant’s Motion to Dismiss and Defendant’s Motion to Consolidate, upon hearing arguments by counsels for Plaintiff and Defendant and otherwise being fully advised in the premises the Court finds as follows:
1. Plaintiff, a medical provider, filed the above styled lawsuit against Defendant alleging breach of insurance contract providing PIP benefits to Bonelia Mathurin.
2. Plaintiff failed to attach to the Complaint a copy of the Assignment of Benefits executed by Bonelia Mathurin.
3. Plaintiff failed to allege in the body of the Complaint that Bonelia Mathurin has assigned her insurance benefits to the Plaintiff.
Therefore, it is ORDERED and ADJUDGED that:
A. Defendant’s Motion to Dismiss is hereby GRANTED.
B. Plaintiff shall have twenty (20) days from the entry of this Order to file an Amended Complaint.
C. Upon filing of an Amended Complaint, Defendant’s Motion to Consolidate the above styled lawsuit with Case No. SCO-02-13204 shall be GRANTED, as to discovery only without prejudice to Defendant to petition the Court to consolidate cases for trial or other purposes.
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