12 Fla. L. Weekly Supp. 568a
Insurance — Personal injury protection — Standing — Assignment — Where insured executed document assigning benefits and all causes of action to physician rather than plaintiff medical provider on letterhead containing name of provider, but neither assignment nor pleadings make any nexus between provider and physician assignee, assignment does not create valid assignment to provider, and provider has no standing to file suit — Motion to dismiss granted
HUDSON CHIROPRACTIC AND REHABILITATION, INC., on behalf of MICHAEL HROCH, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pasco County. Case No. 51-2004-SC2641WS, Section S. March 14, 2005. Debra Roberts, Judge. Counsel: Gale L. Young, Gale L. Young, P.A., Tampa. Amy G. Cohen.
ORDER GRANTING MOTION TO DISMISS
The Defendant, Progressive Express, moves pursuant to Fla.R.Civ.Proc. 1.140(b)(1), (2), and (6) to dismiss this action. The Defendant requests that the case be dismissed because the Plaintiff lacks standing to assert a claim for personal injury protection benefits since the insured failed to execute a valid assignment to Hudson Chiropractic and Rehabilitation, Inc. (Hudson). This Court finds that the language of the assignment of rights is clear and unambiguous. Michael Hroch assigned his benefits and any (sic) all causes of action under the policy to Dr. Erce V. Phillips, and not to Hudson. The Court rejects the Plaintiff’s claim that an equitable assignment was made to Hudson. Accordingly, the motion to dismiss is granted.
This case involves a complaint filed by Hudson Chiropractic and Rehabilitation, Inc., on behalf of Michael Hroch, against Progressive Express Insurance Company. The complaint alleges that Hudson provided medical services to Michael Hroch, who allegedly sustained injuries as a result of an automobile crash. Mr. Hroch signed an Assignment of Benefits, which provided several provisions assigning rights to Dr. Erce V. Phillips. The pertinent provisions provide:
Pursuant to Florida Statute 627.736(5) the undersigned patient hereby assigns the benefits of insurance and any (sic) all causes of action under the policy of automobile insurance with Progressive Insurance Company to Dr. Erce V. Phillips for services rendered to the undersigned and covered under the Personal Injury Protection (PIP) and/or Medical Payments Coverage of the policy . . .
. . .
. . . .if the Company fails to pay Dr. Erce V. Phillips the full amount of the treatment bill submitted by Dr. Erce Phillips, to avoid the exhaustion of coverage while Dr. Erce V. Phillips pursues his rights under this Assignment, . . .. . .
By this assignment the undersigned directs all payments should be forwarded directly to Dr. Erce V. Phillips.. . .
It is understood and agreed that in the event I have a wage loss claim, that Dr. Erce V. Phillips (sic)assignment takes precedence.. . .
It is agreed that this assignment will remain in full force until 48 hours after Dr. Erce V. Phillips receives written notice that it is being revoked. It is specifically agreed that any such revocation of this Assignment will not apply to any treatment or associated expenses incurred on or before the date of revocation is received by Dr. Erce V. Phillips.
(Emphasis Added)
While the letterhead contains the name Hudson Chiropractic and Rehab, the document fails to make any nexus between Dr. Phillips and Hudson. Moreover, the pleadings fail to make any such nexus. Accordingly, the Court finds that the Assignment of Benefits does not constitute a valid assignment to Hudson Chiropractic and Rehabilitation, Inc. Hudson has no standing to present a cause of action against the Defendant. Therefore, it is hereby
ORDERED AND ADJUDGED that the Defendant’s Motion to Dismiss is granted.
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