10 Fla. L. Weekly Supp. 262a
Insurance — Personal injury protection — Standing — Assignment — Validity — Assignment of benefits is valid despite blanks where insurance company name is identified, date, and claim number — Medical provider’s conduct in treating patient, submitting bills, and filing PIP suit indicate intent to accept assignment of benefits — Motion to dismiss denied
HEALTH CARE CENTER OF TAMPA, (As assignee of Darith Meadows), Plaintiff, vs. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 02-21413, Division K. February 28, 2003. Eric R. Myers, Judge. Counsel: Keith E. Cunningham. Timothy A. Patrick.
ORDER DENYING DEFENDANT’S MOTION TO DISMISS
THIS CAUSE having come before the Court on February 11, 2003 on Defendant’s Motion to Dismiss, both parties appearing through counsel and the Court having heard argument of counsels, it is hereby:
ORDERED and ADJUDGED that Defendant’s Motion to dismiss is denied for reasons stated below.
The Assignment of Benefits attached as Exhibit A to the complaint is a valid assignment of benefits. Defendant argues that the Assignment of Benefits attached to the complaint is legally insufficient because the assignment of benefits contains blanks where the insurance company name is identified, the date and the claim number. The Court relied on Total Health Care of Florida (As assignee Reina Perez ) v. United Automobile Insurance Company, 9 Fla. L. Weekly Supp. 639 “where the court found that the lack of a written signature by the medical provider on the assignment standing alone does not invalidate an otherwise valid assignment of benefits. Further, the Court can look to the provider’s conduct by treating the patient, submitting bills and filing a PIP suit to determine it was the intent of the provider to accept an assignment of benefits.” Thus, the court found that the assignment of benefits is a valid assignment of benefits and legally sufficient.
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