10 Fla. L. Weekly Supp. 532c
Insurance — Personal injury protection — Standing — Assignment — Validity — Medical provider has standing to pursue insurer for payment of outstanding medical bills under assignment containing reservation requiring insured to be ultimately responsible for bills not covered or not paid by insurer
LAKEMONT CLINIC, INC., as assignee of LYNN WALTON, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 02-CC-18179. May 6, 2003. C. Jeffery Arnold, Judge. Counsel: Earl I. Higgs, Jr., Morgan, Colling & Gilbert, P.A., Orlando, for Plaintiff. Soobadra Gauthier, Maitland, for Defendant.
ORDER DENYING DEFENDANT’S MOTION TO DISMISSAND MOTION TO STRIKE PLAINTIFF’S COMPLAINT
THIS CAUSE having come before the Court on April 23, 2003 on Defendant’s Motion to Dismiss and Motion to Strike Plaintiff’s Complaint (certificate date January 30, 2003), and the Court having heard argument and reviewed the pleadings and attachments thereto, it is hereby:
ORDERED and ADJUDGED that
1. The assignment of benefits in the instant case contained a reservation, which only required the insured to be ultimately responsible for the medical bills that were either not covered under the policy, or not paid by the Defendant.
2. As such, the assignment of benefits was unqualified and did not divest Plaintiff with standing to pursue the Defendant for payment of the outstanding medical bills. See, Oglesby v. State Farm Mut. Auto. Ins. Co., 781 So.2d 469, 470 (Fla. 5th DCA 2001).
3. Therefore, Defendant’s Motion to Dismiss and Motion to Strike Plaintiff’s Complaint is DENIED.
4. Defendant shall have 30 (thirty) days from the date of this executed order to answer the Complaint and respond to all outstanding discovery.
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