16 Fla. L. Weekly Supp. 786a
Online Reference: FLWSUPP 168FORST
Insurance — Personal injury protection — Standing — Assignment — Where language of assignment permitted payment of any outstanding amounts to medical provider by insured’s attorney, purpose of assignment was satisfied and assignment was extinguished when provider accepted payment from attorney for outstanding account balance, and provider no longer had standing to maintain suit against insurer
ROBERTS ORTHOPAEDIC CLINIC, P.A. a/a/o Shannon Forst, Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 07-SC-2532. May 28, 2009. Donald L. Marblestone, Judge. Counsel: Mark Cederberg, Rutledge M. Bradford, P.A., Orlando. Neil Andrews, Adams & Diaco, P.A., Orlando.
ORDER
This Cause having come before the Court on April 29, 2009 on Defendant’s Motion for Summary Final Judgment and Motion for Protective Order, and the Court having heard the argument of counsel, and being otherwise fully advised in the premises, finds as follows:
FACTS
1. Plaintiffs filed the above styled lawsuit against Defendant based on an alleged breach of an automobile insurance contract.
2. Plaintiff alleged in its Complaint that Defendant failed to pay the total amount of the bill, without reduction, for services rendered to Shannon Forst on March 2, 2007 for CPT code 99242 in the amount of $200.00, with the amount of $19.46 being at issue.
3. Plaintiff alleged standing through an assignment of benefits from Roberts Orthopaedic Clinic, P.A. dated March 2, 2007 that was signed by the insured.
4. On March 18, 2008, a payment was made to Roberts Orthopaedic Clinic, P.A. from the insured via her attorney in the amount of $59.46.
5. The payment of $59.46 from the insured satisfied the outstanding amount alleged in Plaintiff’s Complaint.
6. After cashing the payment of $59.46, the provider, at the request of its counsel, issued a reimbursement check to Ms. Forst’s attorney in the amount of $19.46.
7. The reimbursement draft sent to Ms. Forst’s attorney was cashed sometime in July, 2008.
8. On August 12, 2008, Ms. Forst’s counsel re-issued payment to the Plaintiff in the amount of $19.46 to completely resolve any outstanding amounts associated with the March 2, 2007 date of service.
9. On August 18, 2008, Plaintiff cashed the issued draft for $19.46 for date of service March 2, 2007 a second time.ARGUMENT
10. The Defendant brings this summary judgment on the basis that the Plaintiff’s assignment was effectively extinguished once it accepted and cashed the draft for the alleged outstanding amount.
11. Plaintiff’s assignment of benefits states, in part, “I hereby authorize and direct you, my insurance company and/or my attorney, to pay directly to Roberts Orthopaedic Clinic, P.A. (“Assignee”) such sums as may be due and owing Assignee for the services rendered to me both by reason of accident or illness, and by reason of any other bills that are due Assignee.”
12. It is undisputed that Plaintiff accepted and cashed the check from the insured’s attorney for $19.46, which contained the language, “Shannon Forst payment in full.”
13. As a result, this Court finds that the language of the Plaintiff’s assignment permitted payment of any outstanding amount from the insured’s attorney.
14. Therefore, pursuant to the terms and conditions of the Plaintiff’s assignment, the purpose of said assignment was satisfied and thus extinguished once payment was accepted by the Plaintiff.
15. As Plaintiff’s assignment was extinguished, it no longer maintains standing to perpetuate this suit. Accordingly, it is hereby
ORDERED and ADJUDGED that a Summary Final Judgment is hereby entered for the Defendant; it is further ORDERED and ADJUDGED that Plaintiff shall take nothing by this action and Defendant shall go hence without day.
