15 Fla. L. Weekly Supp. 1119b
Insurance — Personal injury protection — Standing — Assignment — Where there is no proof that entity named in assignment and plaintiff/medical provider are different entities, assignment is sufficient to confer standing
THE HEALTHPLACE, INC., (as assignee of Trinidad Bachez), Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 07-26071, Division I. September 22, 2008. Donald C. Evans, Senior Judge for Perry Little, Judge. Counsel: Timothy A. Patrick, Nicholas & Patrick, P.A., Tampa, for Plaintiff. Michael Liebgold, for Defendant.
ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT REGARDING LACK OF STANDING
THIS CAUSE, having come before the court on September 15, 2008, on Defendant’s Motion For Summary Judgment Regarding Lack of Standing with Timothy A. Patrick, Esquire for the Plaintiff and Michael Liebgold, Esquire for the Defendant, and the court having reviewed the file and heard argument of counsel, it is hereby ORDERED AND ADJUDGED as follows:
1. Defendant’s Motion for Summary Judgment Regarding Plaintiff’s Lack of Standing argued that Plaintiff’s Assignment of Benefits was defective inasmuch as it is to an entity other than “The Healthplace, Inc.”, the named Plaintiff in this case. Specifically, the subject assignment was given to “THE HEALTHPLACE, A PRIVATE MEDICAL PRACTICE OF DAVID P. KALIN M.D., M.P.H.”
2. The court finds that there is no proof that the aforementioned are differing entities. As such, the subject assignment is sufficient to confer standing.
3. Defendant’s Motion for Summary Judgment is HEREBY DENIED.
