12 Fla. L. Weekly Supp. 669a
Insurance — Personal injury protection — Standing — Assignment — Validity — Document directing insurer to name medical provider as payee on all checks issued for medical services rendered relative to insured’s accident is direction to pay, not assignment — Motion to dismiss granted
ADVANCED PAIN MANAGEMENT AND REHABILITATION CENTER, INC., as assignee of PAULA SYLVESTRE, Plaintiff, vs. PROGRESSIVE CASUALTY INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 04-CC-6163. April 6, 2005. Leon B. Cheek, III, Judge. Counsel: Eben Self, Maitland. Fotini Z. Manolakos, St. Petersburg.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
THIS CAUSE having come to be heard upon Defendant’s Motion to Dismiss on March 23, 2005 and having heard the argument of counsel, states as follows:
FINDINGS OF FACT
1. On December 14, 2001, Progressive’s insured, Paula Sylvestre signed an “Assignment of Insurance Benefits” form directed to Advanced Pain Management and Rehabilitation Center of Orlando, Inc.
2. On or about, April 16, 2004, Advanced Pain Management and Rehabilitation Center, Inc., as assignee of Paula Sylvestre, filed suit Progressive Casualty Insurance Company.
3. Plaintiff relies on the executed “Assignment of Insurance Benefits” form attached to the Complaint for standing. Said document in substantive part reads:ASSIGNMENT OF INSURANCE BENEFITS
I HEREBY AGREE AND DIRECT MY ABOVE NAMED INSURANCE COMPANY TO NAME PAIN MANAGEMENT AND REHABILITATION CENTER OF ORLANDO, INC. AS “PAYEE” ON ALL CHECKS ISSUED FOR ANY MEDICAL AND/OR THERAPEUTIC SERVICES RENDERED, RELATIVE TO MY ACCIDENT.
4. That the above only constitutes a direction to pay.
It is hereby,
ORDERED AND ADJUDGED Defendant’s Motion to Dismiss is GRANTED without prejudice.
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