15 Fla. L. Weekly Supp. 1132b

Insurance — Personal injury protection — Affirmative defenses — Amendment — Denial — Insurer does not have standing to assert plaintiff’s violations of certain statutes as basis for non-payment of PIP benefits

PHYSICIAN’S PAIN AND REHAB CENTER, INC., A/A/O RODNEY DUMASSAIS, Plaintiff, vs. NATIONAL SPECIALTY INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 06-08247 COCE (51). August 28, 2008. Martin R. Dishowitz, Judge. Counsel: Susan Guller, Law Offices of Justin G. Morgan, P.A., Weston, for Plaintiff. Erik D. Diener, Vernis & Bowling of Broward, P.A., Ft. Lauderdale, for Defendant.

ORDER

THIS CAUSE having come before the Court on Defendant, NATIONAL SPECIALTY INSURANCE COMPANY’S Motion for Leave to Amend Affirmative Defenses via Interlineation served May 1, 2008, and the Court having considered the record and being otherwise advised in the premises, it is hereby:

ORDERED AND ADJUDICATED as follows:

Defendant’s Motion for Leave to Amend Affirmative Defenses via Interlineation served May 1, 2008 is hereby DENIED. The Court finds that Defendant does not have standing to assert Plaintiff’s alleged violations of Florida Statute § 456.053 and Fla. Stat. § 817.505 as a basis for non-payment of PIP benefits.