11 Fla. L. Weekly Supp. 645c
Insurance — Personal injury protection — Standing — Assignment — Validity — Document that irrevocably assigns to provider any benefits under any policy of insurance, indemnity agreement or other collateral source is assignment, not mere direction to pay
BLANDING REHAB AND CHIROPRACTIC, as the assignee of Dyann Phillips, Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Clay County. Case No. 2003-SC-1841 D. April 26, 2004. Richard R. Townsend, Judge. Counsel: David G. Candelaria, Farah, Farah & Abbott, P.A., Jacksonville. Ellen C. Pappas, Tallahassee.
ORDER DENYING DEFENDANT’S AMENDED MOTION FOR SUMMARY JUDGMENT
This cause came on to be heard upon the Defendant’s Amended Motion for Summary Judgment, generally alleging that the assignment of benefits attached to the Motion is not a full “assignment of benefits”, which would confer standing upon the Plaintiff, but the Court finding that the assignment of benefits attached hereto as Exhibit A is a legally sufficient assignment of benefits in that it irrevocably assigns to Blanding Rehab and Chiropractic any benefits under any policy of insurance, indemnity agreement, or other collateral source as defined in the Florida Statutes for services and/or charges provided by Blanding Rehab and Chiropractic. This makes the assignment of benefits irrevocable and substantially more than a direction to pay.
It is upon due consideration,
ORDERED:
The Defendant’s Amended Motion for Summary Judgment is denied.
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Exhibit A
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