11 Fla. L. Weekly Supp. 729a
Insurance — Personal injury protection — Standing — Assignment — Action against insurer by provider/assignee and insured — Where provider received valid assignment from insured, provider has standing to file suit but insured does not — Motion for summary judgment granted as to insured and denied as to provider
DANNY HEARD and ORTHOPEDIC REHAB SPECIALTY CLINICS, INC., Plaintiffs, vs. NATIONWIDE INSURANCE COMPANY OF AMERICA, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 16-2002-CC-2286, Division K. October 16, 2003. Sharon H. Tanner, Judge. Counsel: Jeremy B. Akel, Jacksonville, for Plaintiffs. Hanton Walters, Capito & Polk, Longwood, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
This cause came on for hearing on Defendant Nationwide Insurance Company of America’s Motion for Summary Judgment with regard to Plaintiffs’ First Amended Complaint filed herein September 23, 2002, and the Court having heard argument of counsel and being otherwise advised in the premises, finds:
1) Plaintiffs filed their First Amended Complaint on September 23, 2002, alleging defendant failed to pay, pursuant to a policy of insurance, personal protection benefits due to plaintiffs for injuries sustained by Plaintiff Heard in an auto-bicycle accident on June 5, 2001;
2) Plaintiff Orthopedic Rehab Specialty Clinics, Inc., as medical provider, received a valid assignment of benefits from Heard on September 24, 2001;
3) Pursuant to said assignment in favor of his medical provider, Heard does not have standing to file a lawsuit and had no cause of action against defendant at the time the First Amended Complaint was filed;
4) Defendant is contesting the validity of the claims filed by Plaintiffs Danny Heard and Orthopedic Rehab Specialty Clinics, Inc., in their entirety;
5) As Plaintiff Heard lacked standing to file a lawsuit, defendant’s Motion for Summary Judgment as to him should be granted;
Therefore, it is
ORDERED AND ADJUDGED:
1. Defendant’s Motion for Summary Judgment with regard to Plaintiff Danny Heard is granted.
2. As Plaintiff Orthopedic Rehab Specialty Clinics, Inc., received a valid assignment of benefits from Plaintiff Heard, said Orthopedic Rehab Specialty Clinics, Inc., possesses the requisite standing and Defendant’s Motion for Summary Judgment as to said plaintiff is denied.
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