20 Fla. L. Weekly Supp. 1093a
Online Reference: FLWSUPP 2011VOCKInsurance — Personal injury protection — Standing — Assignment — Document that authorizes direct payment but does not fully assign any and all rights and benefits under insurance contract does not constitute assignment — Insurer’s motion for judgment on pleadings is granted
ST. JOSEPH’S HOSPITAL, INC, AS ASSIGNEE OF ELIZABETH VOCKE, Plaintiff, vs. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 12-CC-024619, Division H. June 10, 2013. Frances M. Perrone, Judge. Counsel: Christopher Tuccitto, Florida Advocates, Dania Beach, for Plaintiff. Brian Giddings, Adams & Diaco, P.A., Tampa, for Defendant.
ORDER GRANTING DEFENDANT’S MOTIONFOR JUDGMENT ON THE PLEADINGS
THIS MATTER is before the Court on the Defendant’s Motion for Judgment on the Pleadings filed on January 22, 2013 and heard by the Court on May 9, 2013. After reviewing the motion, the record, and the applicable law, the Court finds as follows:
FACTUAL BACKGROUND
On or about April 2, 2008, Elizabeth Vocke was injured in a motor vehicle accident. St. Joseph’s Hospital, Inc. provided medical services and/or medical equipment to Vocke for treatment of injuries sustained in said accident. Vocke signed a “Patient Agreement and Consent” form as a condition of her admission to or treatment at the Hospital/Facility. St. Joseph’s Hospital asserts this “Patient Agreement and Consent” assigns it the right to collect on the personal injury benefits under Ms. Vocke’s insurance policy with the Defendant, Progressive Select Insurance Company. On September 11, 2012, the Plaintiff filed a Complaint for Breach of Contract, as assignee of Ms. Vocke. On November 7, 2012 Defendant filed an Answer and Affirmative Defenses. In response, the Defendant filed the present motion.
DISCUSSION
An assignee can enforce payments due under an assigned contract, such as an insurance policy. State Farm Fire & Casualty Company v. Ray, 556 So. 2d 811, 813 (Fla. 5th DCA 1990). An assignment conveys all of the assignor’s interest in the assigned contract, including any cause of action that the insured would have for the policy benefits. Schuster v. Blue Cross and Blue Shield of Florida, Inc., 843 So. 2d 909, 912 (Fla. 4th DCA 2003) [28 Fla. L. Weekly D505a]. However, a mere reference to a document as an assignment does not make it a true assignment. Health Care Center of Tampa, Inc. v. Allstate Insurance Company, 11 Fla. L. Weekly Supp. 705b (Fla. 13th Jud. Cir. Ct. Jan 30, 2004). It is necessary the document contain the language of conveyance. Id.
The Court finds the language in Plaintiff’s “Patient Agreement and Consent” does not contain definitive language conveying to the Plaintiff any and all causes of action. The “Patient Agreement and Consent” states in pertinent part as follows:
6. ASSIGNMENT OF INSURANCE BENEFITS: I hereby authorize, request and direct any and all assigned insurance companies to pay directly to the Hospital/Facility and/or any treating physician(s) the amount due me in my pending claims for hospital/facility benefits under the respective policies. I agree that should the amount be insufficient to cover the entire Hospital/Facility expense, including the co-payment and the deductible, I will be responsible for payment of the difference, and that if the nature of the services rendered are not covered by said policy, I will be responsible to the Hospital/Facility and/or any treating physician for payment of the entire bill.
. . .
8. GUARANTEE OF PAYMENT: For value received, including but not limited to the services rendered, I agree to guarantee and promise to pay the Hospital/Facility and/or any treating physician(s), all charges and expenses incurred in my treatment, including those expenses not covered by any insurance policy presently in force, including any co-payment and/or deductible. Unless specifically agreed in writing, all charges shall be paid at discharge. Unpaid accounts shall bear interest at the rate provided by law, whether suit is brought or appeal taken. If any action at law or in equity is brought to enforce this agreement, the Hospital/Facility and/or treating physician(s) shall be entitled to recover reasonable attorney’s fees, court costs, and any other costs of collection incurred.
Although paragraph six is titled an “Assignment of Insurance Benefits,” the language of the purported assignment only serves to direct payment by the insurance company to the medical provider. Labeling the paragraph an assignment does not make it a true assignment without the necessary language of conveyance. An “authorization for direct payment, without more, do[es] not constitute [an] assignment.” Advanced Orthopedic Institute, Inc. v. Metropolitan Property and Casualty Insurance Company, 10 Fla. L. Weekly Supp. 160a (Fla. 13th Jud. Cir. Ct. Dec. 30, 2002).
When read in its entirety, the “Patient Consent and Agreement” lacks any language fully assigning to the Plaintiff any and all rights and benefits under the insurance contract. “At any one time, only the insured or the medical provider ‘owns’ the cause of action against the insurer for PIP benefits.” Progressive Express Insurance Company v. McGrath Community Chiropractic, 913 So. 2d 1281, 1285 (Fla. 2d DCA 2005) [30 Fla. L. Weekly D2622b]; See also Oglesby v. State Farm Mutual Automobile Insurance Company, 781 So. 2d 469 (Fla. 5th DCA 2001) [26 Fla. L. Weekly D702a]. The language in the instant case does not convey a full assignment of any and all benefits as required to transfer a valid assignment and therefore, standing, from the named insured to the provider.
Accordingly, the Plaintiff does not have standing, and the Court does not possess subject matter jurisdiction.
It is therefore ORDERED the Defendant’s Motion for Judgment on the Pleadings is hereby GRANTED in favor of DEFENDANT.
The Court reserves jurisdiction as to attorney’s fees and costs associated with this matter.
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