12 Fla. L. Weekly Supp. 774a
Insurance — Personal injury protection — Standing — Assignment — Motion to dismiss is granted where assignment names medical provider other than plaintiff
STAND UP MRI OF ORLANDO, a/a/o Denise Lamb, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 48-02-SC-5498. May 19, 2005. Jerry L. Brewer, Judge. Counsel: George Milev, Adams, Blackwell & Diaco, P.A., Tampa. Michael Brehne.
ORDER ON DEFENDANT’S MOTION TO DISMISS
THIS CAUSE having come before the Court on Defendant’s Motion to Dismiss and upon hearing arguments by counsels for Plaintiff and Defendant and otherwise being fully advised in the premises the Court finds as follows:
1. Plaintiff, a diagnostic facility, filed the above styled lawsuit against Defendant alleging breach of insurance contract after providing services to Denise Lamb.
2. Plaintiff attach to the Complaint a copy of an Assignment of Benefits executed by Denise Lamb assigning her insurance benefits to Damadian MRI.
3. Plaintiff alleged in the body of the Complaint that Denies Lamb has assigned her insurance benefits to the Plaintiff.
Therefore, it is ORDERED and ADJUDGED that:
A. Defendant’s Motion to Dismiss is hereby GRANTED.
B. Plaintiff’s Complaint is hereby dismissed without prejudice.
C. Plaintiff may file an Amended Complaint within ten (10) days from the date of this Order to file an Amended Complaint.
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