16 Fla. L. Weekly Supp. 977a
Online Reference: FLWSUPP 1610FRAN
Insurance — Personal injury protection — Standing — Assignment — Insured who had assigned PIP benefits to medical providers prior to filing complaint against insurer for recovery of benefits did not have standing to file suit — Lack of standing at inception of suit was not cured by revocation of assignments after suit was filed
ROBERT FRANCO, Plaintiff, vs. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-17013 COCE 52. July 20, 2009. Leonard Feiner, Judge. Counsel: Edward Montoya, for Plaintiff. Matt Hellman, Matt Hellman, P.A., Plantation, for Defendant.
FINAL JUDGMENT
This action was tried before the Court. On the evidence presented, which included the response to the Defendant’s interrogatories [executed by the Plaintiff], the Plaintiff admitted that the that the PIP benefits were assigned to the three providers whose bills were at issue in this claim: Dr. Pollak, Dr. Verno, and Standup MRI. Additionally, evidence was presented that Dr. Pollak and Dr. Verno revoked their assignment of benefits on June 8, 2009, or approximately eight months after this lawsuit was filed [lawsuit filed on October 30, 2008].
Based upon this Court’s prior ruling in Trauma Medical Services v. United Automobile, 16 Fla. L. Weekly Supp. 596a (Fla. 17th Judicial Circuit, County Court, 2009, Judge Feiner), and Progressive Express v. McGrath Community Chiropractic, 913 So. 2d 1281 (Fla. 2nd DCA 2005), a plaintiff’s lack of standing at the inception of a case is not a defect that may be cured by the acquisition of standing after the case is filed. As such, the Plaintiff does [sic] have standing in this case, neither at the time of the inception of the lawsuit, nor subsequent to the filing of this lawsuit.
IT IS ADJUDGED that Plaintiff, Robert Franco, take nothing by this action and that the Defendant, State Farm Fire and Casualty Company, shall go hence without day.
