13 Fla. L. Weekly Supp. 829c
Insurance — Personal injury protection — Standing — Assignment — Validity — Assignment is not invalid for naming insurer other than defendant, with which insured has no policy, where intent to assign insured’s automobile insurance policy to medical provider is evident, and listing of wrong insurer is scrivener’s error
RICHARD J. ROBINSON, D.C., P.A., a/a/o OLIVIA MCGILL, Plaintiff, vs. MERCURY INSURANCE COMPANY OF FLORIDA, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 06-4104. May 31, 2006. Charlotte W. Anderson, Judge. Counsel: Jennifer M. Mandelbaum, Ramey & Kampf, P.A., Tampa. Timothy A. Patrick, Lipscomb, Nicholas & Patrick, P.A., Tampa.
[Editor’s note: Order granting final summary judgment in this case at 15 Fla. L. Weekly Supp. 156b.]
ORDER ON DEFENDANT’S MOTION TO DISMISS
THIS CAUSE having come before the Court on Defendant’s Motion to Dismiss based on Plaintiff’s Failure to Obtain a Valid and Enforceable Assignment of Benefits, and the Court having heard argument of Counsel, having reviewed the file, and being otherwise fully advised in the premises finds as follows:
1. The document attached to Plaintiff’s Complaint as Exhibit “A” which purports to be an Assignment of Benefits lists Travelers as the insured, Olivia McGill’s, automobile insurance company.
2. The Court notes that the Defendant in this case is not Travelers but Mercury Insurance Company of Florida.
3. The Court finds that all indications of Exhibit “A” to Plaintiff’s Complaint suggest an intention of the insured, Olivia McGill, to transfer the interest in her automobile insurance policy to Plaintiff.
4. There is no evidence from either party that the insured, Olivia McGill, has automobile insurance with Travelers Insurance Company.
5. Therefore, the Court finds that listing Travelers as the insurance company in the Assignment of Benefits form is a scrivener’s error and the Court will not find the Assignment to be invalid because the wrong insurance company is listed on the form.
Accordingly, it is ORDERED AND ADJUDGED:
1. Defendant’s Motion to Dismiss as to the Assignment of Benefits is hereby DENIED.
2. Defendant shall file a responsive pleading to Plaintiff’s Complaint no later than twenty (20) days from the date of this hearing.
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