10 Fla. L. Weekly Supp. 1044a
Insurance — Personal injury protection — Assignment — Validity
WESTERN COMMUNITIES FAMILY PRACTICE ASSOCIATES, INC. (Ervin Pierson), Plaintiff(s), vs. PROGRESSIVE BAYSIDE INSURANCE COMPANY, Defendant(s). County Court,17th Judicial Circuit in and for Broward County. Case No. 01-010572 COCE 55. September 11, 2003. Jerry Pollock, Judge. Counsel: Laura Watson. James T. Sparkman, James T. Sparkman & Associates, Fort Lauderdale.
ORDER GRANTING DEFENDANT’S MOTION FORSUMMARY FINAL JUDGMENT
THIS CAUSE came before this Honorable Court on September 2, 2003 on Defendant’s Motion for Summary Final Judgment, and the Court having heard argument and being fully apprized, it is hereby
ORDERED AND ADJUDGED that:
1. The Court finds that this is a claim for non payment of No Fault funds brought by the provider pursuant to an alleged assignment. The alleged assignment is attached to this Order as Exhibit “A” .* The court finds that as the assignment contains the attached language upon which the plaintiff relies as an assignment:
I request that payment of authorized Medicare/Other insurance company benefits be made either to me or on my behalf to Western Communities for any services furnished me by that party that accepts assignment/physician. Regulations pertaining to Medicare assignment of benefits apply.
2. The Court finds that there are no genuine issues of material fact as to whether or not the above language constitutes an assignment and, the Court further finds that as a matter of law, the above language does not constitute an assignment.
3. Accordingly, the defendant’s motion for summary final judgement is granted.
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*[Editor’s note: Exhibit not included with this opinion.]
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