12 Fla. L. Weekly Supp. 161a
Insurance — Personal injury protection — There is no requirement that assignment of benefits specifically state name of insurer in order to be valid and enforceable
LAUDERDALE ORTHOPAEDIC SURGEONS, a Florida Partnership, as assignee of Viviene Dixon-Shim, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 04-009065 COCE (56). November 23, 2004. Linda R. Pratt, Judge. Counsel: Cris E. Boyar, for Plaintiff. Thomas Freehling, for Defendant.
ORDER ON PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT
THIS CAUSE having come on to be heard on Plaintiff’s Motion for Partial Summary Judgment and the Court being otherwise advised in the Premises, it is hereupon,
ORDERED AND ADJUDGED that:
1. The Plaintiff filed a PIP suit for nonpayment of bills. The Defendant filed an Answer and Affirmative defenses. The Defendant’s Third Affirmative Defense states the assignment of benefits attached to the complaint is invalid and unenforceable because the assignment lacks the name of the insurance carrier on the assignment and, as a result, the Plaintiff lacks standing to file suit.
2. The Court finds the Defendant’s argument is without merit and there is no requirement that an assignment of benefits specifically state the name of the insurer in order to be valid and enforceable. Therefore, the Court grants Plaintiff’s Motion for Partial Summary Judgment as to this affirmative defense.
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