13 Fla. L. Weekly Supp. 1084a
Insurance — Personal injury protection — Demand letter — Presuit demand letter served by insured prior to revocation of assignment given to medical provider is invalid and does not satisfy condition precedent for suit
SUSAN JACOBS, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Clay County. Case No. 2003-SC-2255, Division D. August 10, 2006. Richard R. Townsend, Judge. Counsel: Vincent P. Gallagher, Jacksonville, for Plaintiff. Glenn S. Banner, James C. Rinaman, III & Associates, P.A., Jacksonville, for Defendant.
ORDER GRANTING PARTIAL SUMMARY DISPOSITION
This cause came on to be heard upon the Defendant’s Motion for Summary Disposition dated May 10, 2006 which the parties agreed should be considered to be a Motion for Partial Summary Disposition and from the stipulation of counsel and a review of the Court file, the Court finds the following facts to be undisputed and makes the following conclusions of law:
1. In December of 2002 the Plaintiff sustained personal injuries arising out of the operation of a motor vehicle.
2. The Defendant issued a policy of insurance which provided personal injury protection benefits to the Plaintiff.
3. The Plaintiff sought medical treatment from Dr. Thomas Hardin for her injuries.
4. On January 9, 2003 the Plaintiff assigned her rights and benefits under the policy to her physician, Dr. Thomas Hardin of Neurotech, Inc.
5. On December 16, 2003 Dr. Hardin and the Plaintiff entered into a revocation of the assignment.
6. Subsequent to the assignment of benefits to Dr. Hardin in January, and prior to the revocation of this assignment in December, the Plaintiff, Susan Jacobs, by and through her attorney, provided the Defendant with a “presuit demand letter” pursuant to Section 627.736(11) Florida Statutes.
7. The Plaintiff did not have any right or authority to serve the presuit demand letter on November 20, 2003 because at the time of the demand letter Dr. Thomas Hardin “owned” the cause of action and was the proper claimant. Only the insured or the medical provider “owns” the cause of action against the insured at any one time. Once an insured assigns his rights to benefits in exchange for medical services, the assignor has no right to make any claim on the contract. State Farm Fire and Cas. Co. v. Ray, 556 So.2d 811 (Fla. 5th DCA 1990). It is, therefore, upon due consideration
ORDERED:
The Defendant’s Motion for Partial Summary Disposition isGRANTED and the Court declares that the presuit demand letter dated November 20, 2003 is invalid and does not establish a condition precedent for the filing of the claim.
