11 Fla. L. Weekly Supp. 238a
Insurance — Personal injury protection — Standing — Assignment — Where insured assigned all causes of action under policy to medical provider, assignment is irrevocable as to services at issue in case, and insured has presented nothing to indicate assignment was revoked, insured has no cause of action against insurer
THOMAS MAJEWSKI, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County. Case No. 03-6078-SC-NPC. January 7, 2004. Myra Scott McNary, Judge. Counsel: David Folkenflik, Clearwater, for Plaintiff. Randall A. Wainoris, Haas, Dutton, Blackburn, Lewis & Longley, P.A., Tampa, for Defendant.
FINAL SUMMARY JUDGMENT
THIS CAUSE having come before the Court on the motion of Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY, for final summary judgment and the Court having heard argument of counsel, having considered the authorities, and being otherwise fully advised in the premises, the Court makes the following findings:
1. Plaintiff has brought a claim for personal injury protection benefits.
2. Plaintiff was insured by an insurance policy issued by the Defendant that provided personal injury protection benefits to the Plaintiff for a motor vehicle accident that occurred on or about April 23, 2003.
3. Plaintiff has filed this claim individually.
4. In Case No.: 03-17895-SC, filed in the County Court of the Thirteenth Judicial Circuit, in and for Hillsborough County, Florida, Thomas Majewski is named as an assignee of Hudson Chiropractic & Rehabilitation, Inc., d/b/a Dr. Erce V. Phillips v. Progressive Express.
5. Attached to that Complaint, and attached to Defendant’s motion as Exhibit “A,” is an Assignment of Benefits whereby Thomas Majewski assigned, “the benefits of insurance and any and all causes of action under the policy of automobile insurance with Progressive Insurance Company to Dr. Erce V. Phillips for services rendered . . .”
6. The attached Assignment of Benefits is clear on its face.
7. “Only the insured or the medical provider “owns” the cause of action against the insurer at any one time. And the one that owns the claim must bring the action if an action is to be brought.” See Oglesby v. State Farm, 781 So.2d 469 (Fla 5th DCA, 2001), Multicare Medical Center, Inc., v. State Farm Fire and Casualty, 10 Fla. L. Weekly Supp. 724a (11th Judicial Circuit 2003).
8. “If a party assigns his rights, he has no standing to file suit.” See Multicare Medical Center, Inc., v. State Farm Fire and Casualty, 10 Fla. L. Weekly Supp. 724a (11th Judicial Circuit 2003).
9. “Once made, an assignment of the insured’s interest in personal injury protection benefits to a medical services provider is irrevocable.” See Superior Insurance Co. v. Libert, 776 So.2d 360 (Fla. 5th DCA, 2001) citing State Farm Mut. Auto. Ins. Co. v. Gonnella, 677 So. 2d 1355 (Fla 5th DCA 1996).
10. “Because an unqualified assignment transfers to the assignee all the interest of the assignor under the assigned contract, assignor has no right to make any claim on the contract once the assignment is complete, unless authorized to do so by the assignee.” See State Farm Fire and Cas. Co. v. Ray, 556So.2d 811 (Fla. 5th DCA, 1990).
11. Here, the Plaintiff Thomas Majewski assigned “all causes of action” under his policy to Dr. Erce V. Phillips.
12. The assignment is irrevocable with respect to the services at issue in this case, and Plaintiff presented nothing to the Court to indicate that the Assignment was revoked.
13. Because Plaintiff, assignor, issued an unqualified assignment to the assignee, he assigned all the interest of the assignor under the assigned contract.
14. As such, assignor, Plaintiff Thomas Majewski has no right to make any claim on the insurance contract with Defendant.
15. Only Dr. Erce V. Phillips owns a cause of action against the insurer.
16. Plaintiff has no cause of action against Defendant, Progressive.
ADJUDGED that Final Summary Judgment is entered in favor of Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY, that Plaintiff, THOMAS MAJEWSKI, take nothing by this action, and Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY go hence without day.
* * *
