17 Fla. L. Weekly Supp. 38a
Online Reference: FLWSUPP 1701GON3Insurance — Personal injury protection — Standing — Assignment — Validity
OAKLAND HEALTHCARE AND REHABILITATION CORPORATION a/a/o Alberto Gonzalez, Plaintiff, vs. INFINITY INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 07-CC-035094. November 5, 2009. Gaston J. Fernandez, Judge. Counsel: Timothy Patrick. Elizabeth E. Andrews. David M. Caldevilla.
ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AS TO STANDING
THIS CAUSE came before the Court on October 8, 2009 concerning the Defendant’s Motion for Summary Judgment as to Standing. The Court, having considered the motion, the record, and the arguments of counsel, and being otherwise advised in the premises, it is
ORDERED AND ADJUDGED as follows:
1. Defendant’s Motion for Summary Judgment as to Standing is hereby DENIED based upon the following findings:
(a) The Court rejects the Plaintiff’s equitable assignment argument.
(b) The Assignment of Benefits executed in 2007 is valid.
(c) The Court acknowledges there was also a Direct Payment Authorization signed by Alberto Gonzalez. The opposing affidavit and the rescission of the Direct Payment Authorization is clear. However, there was, in the Court’s mind, an individual here who is not fluent in the English language; although, the affidavits are signed in English. Therefore, there is a genuine issue of material fact.
(d) The cases of Cambers Companies Southeast, LLC, (a/a/o Jamie Vargas) v. National Ins. Assoc., 9 Fla. L. Weekly Supp. 820a (13th Jud. Circuit, Sept. 29, 2002) and Progressive Express Ins. Co. v. McGrath Community Chiropractic, 913 So. 2d 1281 (Fla. 2d DCA 2005), cited by the Defendant, can be distinguished from the particular facts of this case.
(e) As such, the Court will allow the Assignment of Benefits to stand.
