14 Fla. L. Weekly Supp. 769a
Insurance — Personal injury protection — Standing — Assignment — Equitable — Where insured filed affidavit stating that he was minor at time of accident, that medical condition prevented him from signing assignment at emergency room, and that it was and is his intent to assign PIP benefits to emergency room doctors, there is evidence of equitable assignment sufficient to defeat insurer’s motion for summary judgment
EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLP, as Assignee of Nicholas Flores, Plaintiff, vs. PROGRESSIVE AMERICAN INS. COMPANY, Defendant. Circuit Court, 18th Judicial Circuit in and for Seminole County. Case No. 06-SC-0011401. June 11, 2007. Rom W. Powell, Senior Judge. Counsel: Thomas Andrew Player, Weiss Legal Group, P.A., Maitland, for Plaintiff. Robert T. Bartels.
ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
This case came on to be heard on May 31, 2007 upon defendant Progressive’s motion for summary judgment. The Court has carefully considered the motion, the exhibits attached, defendant’s supporting memorandum, plaintiff’s response and memorandum in opposition, the legal authorities cited and arguments of counsel.
The material facts are not in dispute and are relatively simple and straight forward. One Nicholas Flores was injured in an automobile accident covered by PIP benefits in defendant’s policy. Plaintiff provided emergency medical services to Flores, who was a minor at the time but has since become an adult. Plaintiff submitted a demand letter which included an unsigned assignment of benefits. Plaintiff then filed suit for payment of benefits. Defendant filed an answer and affirmative defense alleging that plaintiff had no standing to bring this action because the assignment was not signed. Two days before the summary judgment motion hearing, plaintiff filed an affidavit of Flores averring that he was a minor at the time of the accident; that his medical condition prevented him from signing the assignment of benefits, and that it was and is his intent to assign his PIP benefits to plaintiff. To this day, neither Flores’ guardian nor Flores has furnished a signed assignment of benefits.
There are only two reported cases cited by counsel which bear on the issue of whether, as plaintiff argues, it can maintain this PIP action on the theory that an equitable assignment occurred.
Defendant cites Hartford Insurance Company v. St. Marys Hospital, 771 So.2d 1210 (Fla. App. 2DCA 2000), but that case is distinguishable. In St. Marys, the only evidence at the summary judgment hearing was the benefit assignment form signed by an employee of the emergency provider St. Marys, and not signed by the injured patient who survived.
Plaintiff cites Progressive Express Ins. Co. v. Rural Metro Ambulance, Inc., 14 Fla. L. Weekly Supp. 529a, 18th Cir. App. (Seminole County), October 31, 2005. Like Rural Metro, there was of record in the instant case additional evidence — the affidavit of the surviving injured patient Flores. This Court is bound by the doctrine of stare decisis to follow Rural Metro and hold that there was record evidence of an equitable assignment sufficient to defeat defendant’s motion for summary judgment.
ORDERED that Defendant’s motion for final summary judgment is denied.
