10 Fla. L. Weekly Supp. 119a
Insurance — Personal injury protection — Standing — Assignment — Patient information form and affidavit of medical provider staff do not create valid assignment — Medical provider granted 30 days to obtain clear and unequivocal assignment
SARASOTA FAMILY MEDICAL WALK-IN & DIAGNOSTIC CENTER, INC., as assignee of Bradley Lawrence, Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant. County Court, 12th Judicial Circuit in and for Sarasota County, Civil Division. Case No. 2002-SC-5020-SC. August 26, 2002. Harry M. Rapkin, Judge. Counsel: Marc B. Nussbaum, Reynolds & Stowell, St. Petersburg. Jeffrey A. Luhrsen.
[Reversed at 11 Fla. L. Weekly Supp. 9a.]
ORDER ON SUMMARY JUDGMENT
THIS CAUSE having come on for hearing on Defendant’s Motion for Summary Disposition and/or Summary Judgment and Motion to Strike Plaintiff’s Claim for Attorney’s Fees , on August 5, 2002, and the Court being fully advised in the premises, it is hereby,
ORDERED and ADJUDGED that:
The Defendant’s Motion for Summary Disposition and/or Summary Judgment and Motion to Strike Plaintiff’s Claim for Attorney’s Fees is granted with leave to amend. The “Patient Information Form”, and affidavit of Kathy Lenhardt of the Plaintiff, do not create a valid assignment of benefits vesting standing to pursue the insured’s PIP claim in the Plaintiff. The Plaintiff is granted thirty days from the date of this Order to obtain a clear and unequivocal assignment from the insured or this Order on Summary Judgment will entitle the Defendant to Final Judgment.
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