10 Fla. L. Weekly Supp. 920b
Insurance — Personal injury protection — Standing — Assignment — Validity — Simultaneous execution of assignment and direction to pay does not render documents void
PERSONAL CHIROPRACTIC CARE CENTER, INC., a/a/o Chenier Monocoeur, Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, a Florida corporation, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 03-3077 CC 25 (02). September 5, 2003. T. Lundy Thomas, Judge. Counsel: Lewis J. Mertz, Jr., Bernard H. Butts, Jr., P.A., Miami, for Plaintiff. Thayer Musa, Office of General Counsel, Trial Division, United Automobile Insurance Co., Miami, for Defendant.
ORDER DENYING DEFENDANT’S MOTIONFOR SUMMARY JUDGMENT
THIS CAUSE, having been come to be heard before me on Defendant’s Motion for Summary Judgment on the Issue of Lack of Standing it is,
ORDERED, as follows:
1. That the Plaintiff’s simultaneous execution of an Assignment of Benefits and Direction to Pay does not cancel each other out rendering each null and void.
2. As such, Plaintiff, Personal Chiropractic Care Center, Inc., has standing to bring and sustain this lawsuit.
3. THEREFORE, Defendant’s Motion for Summary Judgment on the Issue of Lack of Standing is hereby DENIED.
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