17 Fla. L. Weekly Supp. 1121a
Online Reference: FLWSUPP 1711PIERInsurance — Personal injury protection — Standing — Assignment — Validity — Document that transfers insured’s rights under PIP policy to medical provider is valid assignment
GOLD COAST CHIROPRACTIC CENTER, P.A. (Patient: Jean Pierre), Plaintiff(s), vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant(s). County Court, 15th Judicial Circuit in and for Palm Beach County, Civil Division RS. Case No. 2009 SC 013460 SB. June 22, 2010. Janis Brustares Keyser, Judge. Counsel: Nicholas A. Zacharewski, Ellis, Ged & Bodden, P.A., Boca Raton. David Bender, Plantation.
ORDER DENYING DEFENDANT’S MOTION TO DISMISS AND MOTION FOR MORE DEFINITE STATEMENT
THIS CAUSE came before the court on June 8, 2010, for hearing on Defendant’s Motion to Dismiss of Lack of Standing. Both parties were represented by counsel. Having heard arguments of counsel, reviewed the pleadings, motions, and having been otherwise fully advised in the premises, the Court finds as follows:
(1) Plaintiff filed the instant action asserting breach of contract for failure to pay personal injury protection benefits for treatment provided to Jean Pierre arising out of injuries suffered from a motor vehicle accident.
(2) Defendant filed its Motion to Dismiss/Motion for More Definite Statement, asserting that Plaintiff lacks standing to bring the instant action, as the assignment of benefits attached to the complaint is invalid. Specifically, Defendant asserts that the assignment of benefits is a direction to pay and does not assign the right to bring the instant lawsuit.
(3) On a motion to dismiss, a court may not go beyond the four corners of the complaint and must accept the facts alleged therein and exhibits attached as true, with all reasonable inferences being drawn in favor of the pleader. Visible Difference, Inc. v. Velvet Swing, L.L.C., 862 So. 2d 753 (Fla. 4th DCA 2003). See also Ramos v. Mast, 789 So. 2d 1226 (Fla. 4th DCA 2001).
(4) In the instant case, Plaintiff filed its complaint on November 16, 2009. Attached to the complaint was the assignment of benefits. The assignment of benefits provided the following language, in pertinent part:
The undersigned patient hereby assigns the benefits of the insurance under the automobile insurance with State Farm Mutual Automobile Insurance Company (Insurance Carrier) to Gold Coast Chiropractic Center, P.A. (Medical Provider) for services rendered to the undersigned patient and covered by Personal Injury Protection (PIP) coverage under Jean Pierre’s (Insured’s Name) policy with State Farm Mutual Automobile (Insurance Carrier) and in accordance with Florida Statute 627.736. The undersigned further agrees to pay any applicable deductible or co-payment not covered by the PIP insurance coverage.
(5) Further, the complaint alleges that the claimant, Jean Pierre, has assigned all rights and benefits under the policy to Plaintiff by oral assignment, equitable assignment and/or written assignment of benefits. Further, the complaint alleges that Plaintiff is the assigned beneficiary under the subject policy of insurance.
(6) The assignment of benefits is clear and transfers over the right to bring the instant cause of action against Defendant and is not a direction to pay. The Court finds that the assignment of benefits is valid and is not merely a direction to pay. The assignment transfers Jean Pierre’s rights under the subject policy to Plaintiff, Gold Coast Chiropractic Center, P.A.
Therefore, it is ORDERED AND ADJUDGED that Defendant’s Motion to Dismiss and Motion for More Definite Statement is DENIED. Plaintiff shall file the bills at issue within ten (10) days from the date of this order. Defendant shall file its Answer and Affirmative Defenses within ten (10) days from the filing of the bills at issue by Plaintiff.
