12 Fla. L. Weekly Supp. 1103b
Insurance — Personal injury protection — Standing — Assignment — Insured who has entered into irrevocable assignment of benefits with medical provider has no standing to maintain suit against insurer
ROSELAINE CADELUS, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 04-1229 CONO (70). August 8, 2005. Steven P. DeLuca, Judge. Counsel: C. Glen Ged, for Plaintiff. Virginia Wolf Gilliam, Bernstein, Chackman & Liss, Hollywood, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND FINAL JUDGMENT FOR DEFENDANT
THIS CAUSE having come to be heard on Defendant’s Motion for Summary Judgment and the Court having heard argument of counsel on July 8, 2005, and having reviewed all record evidence and being otherwise advised in the premises, it is hereupon,
ORDERED AND ADJUDGED as follows:
1. That Plaintiff, Defendant’s insured does not have standing to bring this lawsuit as Plaintiff has entered into an irrevocable assignment of benefits with Theus Acupuncture Medical Center, Inc. (attached hereto as exhibit “A”). As such, it is ORDERED that said motion be, and the same is hereby GRANTED as Plaintiff has no standing to maintain this suit.
2. As there are no remaining disputed issues for this Court’s determination, final judgment is hereby entered in favor of Defendant PROGRESSIVE EXPRESS INSURANCE COMPANY and Plaintiff ROSELAINE CADELUS shall take nothing by this action, and shall go hence without day.
3. The Court reserves jurisdiction to tax costs and attorney’s fees, if appropriate, upon proper motion.
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