12 Fla. L. Weekly Supp. 93a
Insurance — Personal injury protection — Standing — Assignment — Validity — Irrevocable assignment of benefits is valid assignment and is not cancelled out by directive to pay executed on same date
DR. STEPHEN CHASE a/a/o Bernadin Jacques, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami Dade County. Case No. 03-14955 CC 25(1). October 15, 2004. Mark King Leban, Judge. Counsel: Kevin W. Whitehead, Downs, Brill, Whitehead, P.A., Coral Gables. David J. Millheiser.
[Editor’s note: Final judgment published at 12 Fla. L. Weekly Supp. 91a.]
ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT ON LACK OF STANDING
THIS CAUSE having come to be heard on Defendant’s, UNITED AUTOMOBILE INSURANCE COMPANY, Motion for Summary Judgment on the Issue of Plaintiff’s Lack of Standing, the Court having heard argument of counsel on 8/16/04, and having been otherwise fully advised in the premises, it is,
ORDERED AND ADJUDGED:
1. DENIED. The Court finds that the document entitled “Irrevocable Assignment of Benefits” signed by the claimant/insured, Bernadin Jacques, and the provider/plaintiff, Dr. Stephen Chase, on 3/19/03, constitutes a valid, legally sufficient and enforceable assignment of benefits which provides the Plaintiff standing to file this lawsuit.
2. Further, the Court finds that the “Irrevocable Assignment of Benefits” and the document entitled “Directive to Pay Physician/Authorization to Pay Physician” dated 3/19/03 signed by the claimant/insured, do not cancel each other out or otherwise legally prohibit the Plaintiff from filing this lawsuit.
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