19 Fla. L. Weekly Supp. 217a
Online Reference: FLWSUPP 1903CABRInsurance — Personal injury protection — Standing — Assignment — Insured who assigned all benefits under policy to medical provider did not have standing to bring declaratory judgment action seeking declaration of coverage under policy
JUAN CABRERA, Plaintiff, v. INTEGON INDEMNITY CORPORATION, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 10-CC-21021, Division I. September 30, 2011. Herbert M. Berkowitz, Judge. Counsel: Richard McCluskey, Nicholas Law Group LLC, Tampa, for Plaintiff. William K. Pratt, II and Bret E. Dubbert, Quintairos, Prieto, Wood & Boyer, P.A., Orlando, for Defendant.
FINAL JUDGMENT
THIS CAUSE came before the court on August 19, 2011 for hearing on Defendant’s Motion for Final Summary Judgment on Plaintiff’s Lack of Standing; the Court having reviewed the motion, the court file, and hearing the arguments from plaintiff and defendant and otherwise being sufficiently advised, this Court finds as follows:
1. On April 7, 2010, Plaintiff was involved in an automobile accident.
2. On April 8, 2010, Plaintiff entered into an assignment of benefits contract with Celpa Clinic, PA for medical benefits as a result of the April 7, 2010 accident.
3. It is undisputed that the assignment of benefits was in effect and had not been reassigned or revoked as of the date of the filing of the current lawsuit.
4. The assignment of benefits reads in substantive part:
I, the undersigned patient/insured knowingly, voluntarily, and intentionally assign the rights and benefits of my automobile insurance, also known as Personal Injury Protection (P.I.P), and Medical Payment policy of insurance to the above mentioned health care provider. I understand it is the intention of the provider to accept this assignment of benefits in lieu of demanding payment at the time services are rendered and that this document will allow the provider to file suit against an insurance company for payment of insurance benefits. This assignment of benefits includes overdue interest payments and any potential claim for common law or statutory bad faith.
5. Following the Defendant’s denial of coverage, due to Plaintiff’s failure to attend his examination under oath, Plaintiff filed a declaratory judgment action seeking a declaration of coverage pursuant to its rights under an automobile insurance policy issued to his son, Jose Cabrera.
6. An unqualified assignment of benefits transfers to the assignee all of the interest of the assignor under the contract at issue and the assignor has no right to make any claim on the contract once the assignment is complete, unless authorized to do so by the assignee. See State Farm Fire & Casualty Co. v. Ray, 556 So.2d 811 (Fla. 5th DCA 1990).
7. The Court finds that the subject assignment is an unqualified assignment of benefits, transferring all interest of this assignor to the assignee.
8. The Court, therefore, finds that based on Juan Cabrera’s assignment of benefits to Celpa Clinic, PA, Plaintiff did not have standing to file the lawsuit.
It is hereby ORDERED AND ADJUDGED AS FOLLOWS:
A. This Court hereby GRANTS Defendant’s Motion for Final Summary Judgment that Plaintiff lacked standing to file the instant lawsuit.
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