21 Fla. L. Weekly Supp. 267a
Online Reference: FLWSUPP 2103LEEInsurance — Personal injury protection — Standing — Assignment — Validity — Where purported assignment does not convey any rights and is merely direction to pay, medical provider lacks standing to maintain suit — Lack of standing cannot be cured post suit
AXCESS DIAGNOSTICS POINT WEST LLC, d/b/a BOWES IMAGING CENTER a/a/o Kyle Lee, Plaintiff, v. FIRST ACCEPTANCE INSURANCE COMPANY, INC, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County, Civil Division. Case No. 11-3742-SC-SPC. March 13, 2013. Honorable Walt Fullerton, Judge. Counsel: Marc B. Nussbaum, Reeder & Nussbaum, P.A., St. Petersburg, for Plaintiff. Steven T. Sock, Dutton Law Group, Tampa, for Defendant.
FINAL SUMMARY JUDGMENT
THIS MATTER came to be heard on February 7, 2013, on Defendant’s Motion for Summary Judgment Regarding Plaintiff’s lack of Standing to Bring and Maintain this Cause of Action, and argument having been heard by this Court and having been fully advised in the premises, it is ORDERED AND ADJUDGED that Defendant’s Motion for Summary Judgment is hereby GRANTED.
Axcess Diagnostics Point West, LLC, dba Bowes Imaging Center filed this lawsuit with regard to Personal Injury Protection (“PIP”) benefits under an assignment of benefits from Kylie Lee. The Court finds the caselaw filed by the Defendant in support of its motion to be compelling that the assignment of the Plaintiff does not convey any rights and is merely a direction to pay.
The applicable language of the assignment reads:
(3) ASSIGNMENT OF BENEFITS: The patient hereby makes the assignment of benefits as set forth below.
MEDICARE: The patient hereby requests that payment of authorized Medicare benefits to or on behalf of the patient for services furnished by Access Diagnostics shall be made to Axcess Diagnostics and the patient specifically assigns such benefits to Axcess Diagnostics. . .
OTHER THIRD PARTY PAYORS: The patient hereby assigns to Axcess Diagnostics benefits under any insurance policy, health plan, worker’s compensation plan or third party payer liable to the patient, in consideration for services rendered by Axcess Diagnostics
As the insured, Kylie Lee, solely retains the right to bring a cause of action on this claim, the Plaintiff lacks that right and is without standing to maintain this lawsuit. Further, Plaintiff cannot cure its lack of standing post suit.
WHEREFORE, Final Summary Judgment is hereby entered in favor of the Defendant, First Acceptance Insurance Company, Inc., and it shall go hence without delay. Axcess Diagnostics Point West, LLC, dba Bowes Imaging Center shall take nothing from this action. The court reserves jurisdiction to determine the amount of taxable attorney’s fees and costs to award the Defendant.
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