11 Fla. L. Weekly Supp. 567c
Insurance — Standing — Assignment — Vague document which fails to transfer any rights to cause of action or rights to file lawsuit as to benefits at issue
ASG DOCTORS, INC., a/a/o LAWRENCE SCHOEMAN, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County, Small Claims Division. Case No. 03-2315-SC-NPC. April 6, 2004. William B. Blackwood, Jr., Judge. Counsel: Chris DeBari, Papa & Gipe, P.A., Clearwater, for Plaintiff. Daivid B. Kampf, Ramey, Ramey & Kampf, P.A., Tampa, for Defendant.
ORDER OF DISMISSAL
THIS CAUSE, having come before The Honorable Judge William B. Blackwood, Jr. on March 16, 2004, on Defendant’s Motion to Dismiss, and the Court having heard argument of counsel and being otherwise advised, it is:
ORDERED AND ADJUDGED:
1. After hearing argument of Counsel and the presentation of facts via the evidentiary hearing, this Court finds that the document relied on by Plaintiff to be an Assignment of Benefits to be vague and fails to transfer any rights to a cause of action or rights to file a lawsuit as to the benefits at issue.
2. The Insured’s belief that he retains a right to sue as to the bills at issue does not support Plaintiff’s position as to the intent of the parties.
3. Based on the above, this Court finds that the purported Assignment of Benefits does not provide Plaintiff standing to pursue this cause of action. Therefore, this Court GRANTS Progressive’s Motion to Dismiss with prejudice.
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