11 Fla. L. Weekly Supp. 50b

Insurance — Document which contained the word “Assignment” in title and body but which failed to contain any language indicating that insured was assigning to provider “any and all causes of action” available to insured pursuant to insured’s PIP policy did not qualify as valid and legal assignment of benefits — Providers action dismissed for lack of standing

ABBY CHIROPRACTIC CENTER, a/a/o LINDA LEONARD, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 03-16365-SC. Division J. November 14, 2003. Gaston J. Fernandez, Judge. Counsel: Jennifer M. Mandelbaum, Ramey Ramey & Kampf, P.A., Tampa. James G. Souza,

III. ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

THIS CAUSE having come before the Court on October 22, 2003, and the Court having heard argument of Counsel, having reviewed the file, and being otherwise fully advised in the premises, it is hereby

ORDERED and ADJUDGED:

1. The Court finds that the document attached to Plaintiff’s Complaint entitled “Assignment and Instructions for Direct Payment to Doctor Private and Group Accident and Health Insurance” is part of Plaintiff’s Complaint pursuant to the authority of Physician’s Injury Center v. Progressive Express Insurance Company, 9 Fla. L. Weekly Supp. 1690 (13th Jud. Cir. January 17, 2002).

2. The Court finds that the document attached to Plaintiff’s Complaint fails to qualify as a valid and legal assignment of benefits.

3. Specifically, the Court recognizes that the word “Assignment” is used in the title and body of the document; however, the document fails to contain any language indicating that the insured is assigning “any and all causes of action” available to the insured pursuant to the insured’s personal injury protection policy to the Plaintiff.

4. Accordingly, this Court finds that the document attached to the Plaintiff’s Complaint is merely a direction to pay not an assignment of benefits.

5. Therefore, the Plaintiff does not maintain standing, the Court does not maintain subject matter jurisdiction, and the Complaint must be dismissed.

WHEREFORE, it is

ORDERED and ADJUDGED that Defendant’s Motion to Dismiss is hereby GRANTED.

This Court reserves jurisdiction to address attorneys’ fees and costs.

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