12 Fla. L. Weekly Supp. 162a
Insurance — Personal injury protection — Standing — Assignment — Validity — Medical provider/assignee lacks standing where insured executed assignment of benefits and direction to pay document and patient’s financial responsibility agreement on same date
ASSOCIATES IN TRAUMA, INC. as assignee of JEFFREY HARDY, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 02-018269 COCE 54. November 1, 2004. Lisa Trachman, Judge. Counsel: Jose Pete Font, Plantation. Paul Adams, Deerfield Beach.
ORDER ON DEFENDANT’S AMENDED MOTION FOR SUMMARY JUDGMENT
THIS CAUSE having come before the Court for hearing on October 19, 2004, on Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY’S, Amended Motion for Summary Judgment, and the Court having reviewed the file, the Defendant’s Motion, heard arguments of counsel, and being otherwise fully advised in the premises, states as follows:
1. The Plaintiff, ASSOCIATES IN TRAUMA, INC., as Assignee of JEFFREY HARDY, brought this action seeking recovery of personal injury benefits.
2. Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY, filed an Amended Motion for Summary Judgment, alleging that ASSOCIATES IN TRAUMA, INC. as Assignee of JEFFREY HARDY, does not have a valid assignment.
3. On or about January 26, 2002, the Defendant’s insured, JEFFREY HARDY, was involved in an automobile accident sustaining injuries.
4. Plaintiff began treating the insured on January 28, 2002 for injuries related to the automobile accident.
5.On January 28, 2002, on the first date of treatment, the insured executed a document entitled, “Associates in Trauma, Inc. Assignment, Benefits and Direction to Pay” and another document entitled, “Patient’s Financial Responsibility Agreement.”
ORDERED AND ADJUDGED that Defendant’s Amended Motion for Summary Judgment was granted based upon the Interrogatories, Depositions and records filed in this matter. Specifically, the Court granted Defendant’s Amended Motion for Summary Judgment on the basis that Plaintiff lacked standing. However, the Court did not rule on any other issues raised by Defendant’s Amended Motion for Summary Judgment.
HEREBY ADJUDGED that Plaintiff, ASSOCIATES IN TRAUMA, INC., as Assignee of JEFFREY HARDY, take nothing by this action and Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY, shall go hence without day and the Court retains jurisdiction for the purpose of determining any motion by Defendant to tax fees and costs.
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