10 Fla. L. Weekly Supp. 644a
Insurance — Release — Insured’s assignee is not barred from pursuing claim by previous release of insurer executed by insured in separate uninsured motorist claim
FRANCISCO M. GOMEZ, M.D., P.A., (As assignee of Maria Laverde), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 02-16207 SC. Division H. June 19, 2003. Paul L. Huey, Judge. Counsel: Edgar J. Guzman. Timothy A. Patrick, Timothy A. Patrick, P.A., Tampa.
ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGEMENT
THIS CAUSE having come before the Court on May 20, 2003 pursuant to Defendant’s Motion For Summary Judgement, and both parties having appeared through counsel, and the Court having been fully advised on the premise and the law, the Court makes the following findings and rulings:
1. The Plaintiff, FRANCISCO M. GOMEZ, M.D., P.A., (as assignee of Maria Laverde), is not barred from pursuing the above styled cause of action by virtue of a previously executed release of the Defendant PROGRESSIVE EXPRESS INSURANCE COMPANY by the Assignor Maria Laverde in a separate uninsured motorists liability claim; it is therefore
2. ORDERED AND ADJUDGED that the Defendant’s Motion for Summary Judgment is DENIED.
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