10 Fla. L. Weekly Supp. 531b
Insurance — Personal injury protection — Standing — Assignment — Validity — Assignment of benefits to medical provider and medical provider’s assignment, in turn, to recovery specialists is not prohibited
RECOVERY SPECIALISTS, INC. (as assignee of Jacksonville Emergency Consultants), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 16-03-CC-2777-XXXX-MA. Division D. May 5, 2003. Russell L. Healey, Judge. Counsel: Vincent P. Gallagher. James C. Rinaman.
ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE having come before the Court on Defendant’s Motion for Summary Judgment and the Court having heard argument of counsel and having reviewed the case law provided and being otherwise fully advised in the premises, finds as follows:
a. The facts in this case are not in dispute.
b. The Plaintiff, Recovery Specialists of Jax, Inc. (hereinafter RSI) is the assignee of Jacksonville Emergency Consultants, Inc. (hereinafter JEC). JEC rendered medical services to Samantha Arnold on December 5, 2000. Ms. Arnold allegedly suffered personal injuries secondary to a motor vehicle accident. The Defendant, Progressive Express Insurance Company (hereinafter Progressive) provided PIP benefits to Ms. Arnold. Ms. Arnold assigned her PIP benefits to JEC who in turn assigned the benefits to RSI.
c. The Defendant has provided no appellate case law that prohibits the aforementioned assignments, nor does the PIP statute, specifically Florida Statutes Section 627.736, prohibit such assignments.
Based upon the foregoing, it is therefore
ORDERED AND ADJUDGED that the Defendant’s Motion for Summary Judgment is hereby DENIED.
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