12 Fla. L. Weekly Supp. 571a
Insurance — Personal injury protection — Standing — Assignment — Suit brought in name of physician and fictitious name owned by physician individually seeking payment for bills submitted to insurer by corporation wholly owned by physician — Physician that obtained assignment of benefits to himself individually and fictitious name, not to corporation, cannot utilize assignment to create standing for corporation — Plaintiff is not real party in interest in suit seeking to recover for bills submitted by corporation and, therefore, lacks standing to recover for those bills — Where insurer has paid all plaintiff’s bills in full, it is clear that plaintiff has sustained no damages and insurer is entitled to summary judgment
VINCENT PREZIOSI, D.C., a/a/o Dennis M. Anderson, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. SCO-02-10440. VINCENT PREZIOSI, D.C., a/a/o Dennis Anderson, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. Case No. SCO-02-10953. March 8, 2005. Leon B. cheek, III, Judge. Counsel: Robert D. Bartels, Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Orlando. Rick Truitt.
FINAL SUMMARY JUDGMENT
THIS CAUSE, having come before the Honorable Leon B. Cheek, III on Tuesday, March 1, 2005, upon Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY’s, Motion for Summary Judgment, and the Court having been fully advised in the premises, states as follows:
NATURE OF THE CASE
1. On or about October 3, 2002, Plaintiff, Vincent Preziosi, D.C. a/a/o Dennis Anderson, served its Complaint against Progressive Express Insurance Company for non-payment of services for June 17, June 18, July 2, and July 22, 2002. The case number assigned to this cause of action is SCO-02-10440.
2. On or about October 10, 2002, Plaintiff, Vincent Preziosi, D.C. a/a/o Dennis Anderson, filed suit against Progressive Express Insurance Company for non-payment for services for dates of service May 5, 2002 through July 16, 2002. The case number assigned to this cause of action was SCO-02-10953.
3. On March 16, 2004, the Court entered an Order consolidating these cases for purposes of discovery and trial.
4. Progressive moved for summary judgment, asserting that Plaintiff, Vincent Preziosi, D.C. was not entitled to maintain the cause of action against the Defendant on the following three (3) issues:
I. The Plaintiff was not the real party in interest and therefore lacked standing.
II. The Plaintiff had not sustained any damages and therefore was precluded from maintaining the cause of action as a matter of law.
III. The Plaintiff failed to satisfy statutory conditions precedent.
It Is The Findings Of This Court That:
5. The facts material to Progressive’s motion for summary judgment are undisputed and established by the pleadings and depositions of record. The material facts are set forth below.
6. On May 2, 2002, Progressive’s insured, Dennis Anderson, assigned his rights for PIP insurance coverage to Vincent Preziosi, D.C./C.V. Rehab.
7. Vincent Preziosi D.C. registered the fictitious name C.V. Rehab with the Florida Department of State, Division of Corporations. Dr. Preziosi individually owned the fictitious name C.V. Rehab.
8. Dr. Preziosi also serves as the sole officer/director for Preziosi West/East Orlando Chiropractic Clinic, P.A. Preziosi West/East Orlando Chiropractic Clinic, P.A. is a registered corporation with the Florida Department of State, Division of Corporations.
9. Preziosi West/East Orlando Chiropractic Clinic, P.A. and C.V. Rehab have separate patient files and separate patient ledgers.
10. C.V. Rehab was a fictitious name owned strictly by Vincent Preziosi.
11. Dennis Anderson signed an Assignment of Benefits to Vincent Preziosi D.C./C.V. Rehab
12. Plaintiff relies upon this Assignment of Benefits to Vincent Preziosi D.C./C.V. Rehab to create standing.
13. Preziosi West/East Orlando Chiropractic Clinic, P.A. and C.V. Rehab create and submit separate HCFAs for the treatment that each entity renders.
14. C.V. Rehab rendered treatment to Dennis Anderson from May 13, 2002 through June 26, 2002. Progressive paid every bill C.V. Rehab submitted at eighty percent (80%), and the insured satisfied his twenty percent (20%) co-pay obligation. C.V. Rehab’s account was paid in full.
15. The Assignment of Benefits to Vincent Preziosi D.C./C.V. Rehab was the Assignment of Benefits upon which the Plaintiff would rely for standing.
It Is Ordered And Adjudged That:
16. Based on the foregoing, the Court determines that there is no genuine issue of material fact in dispute, and that Progressive is entitled to summary judgment as a matter of law for the reasons set forth below:
17. The Court grants Count I of Progressive’s Motion for Summary Judgment finding that the Plaintiff, Vincent Preziosi, D.C., was not the real party in interest and therefore lacked standing to maintain this cause of action.
18. Dr. Preziosi individually owned the fictitious name C.V. Rehab.
19. Dr. Preziosi is the sole officer and director of Preziosi West/East Orlando Chiropractic Clinic, P.A.
20. Both entities are separate and distinct corporate entities authorized to transact business in the state of Florida.
21. In this case, Dr. Preziosi obtained an assignment of benefits to him individually and not to his corporation.
22. While the Court recognizes that an insured can assign his or her rights to a doctor individually or to a medical clinic/corporation, a doctor cannot utilize an assignment of benefits obtained in his individual capacity to create standing for the doctor’s corporation.
23. An Assignment of Benefits must be made to a legal person or a legal corporation and only one party can own a cause of action at any given time.
24. The person that owns the cause of action must be the party to bring the cause of action if one is to be brought.
25. The dates of service that the Plaintiff seeks to recover were for bills submitted by Preziosi West/East Chiropractic Clinic, P.A. Accordingly, the Plaintiff in the instant action is not the real party in interest and therefore lacks standing to recover for said bills.
26. Standing, as a matter of law is determined when suit is filed. Standing may not be created after suit is filed.
27. The Court grants Count II of Defendant’s Motion for Summary Judgment finding that the Plaintiff has not sustained any damages.
28. C.V. Rehab’s billing manager testified that Progressive paid all of C.V. Rehab’s bills in full and that the patient satisfied his 20% co-pay obligation.
29. Based on the undisputed testimony, it is clear that the Plaintiff, Vincent Preziosi, D.C./C.V. Rehab, has not sustained any damages.
30. Accordingly, Defendant, Progressive Express Insurance Company, is entitled to summary judgment as a matter of law.
31. Based upon the forgoing, the Court does not need to render an opinion as to whether or not the Plaintiff failed to satisfy statutory conditions precedent as outlined in Count III of Defendant’s Motion for Summary Judgment.
32. Based on the above, viewing all evidence in a light most favorable to the Plaintiff, the Court Grants Final Summary Judgment in favor of the Defendant.FINAL JUDGMENT
IT IS HEREBY ADJUDGED that Plaintiff, Vincent Preziosi, D.C., a/a/o Dennis Anderson, take nothing by this action and Defendant, Progressive Express Insurance Company, shall go hence without day and the Court shall retain jurisdiction for the purpose of determining any motion by the Defendant to tax fees and costs.
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