21 Fla. L. Weekly Supp. 714a
Online Reference: FLWSUPP 2107JIMEInsurance — Dismissal — Assignment — Medical provider claiming benefits pursuant to written assignment is not required by rule 1.130 to attach assignment of benefits to complaint — Motion to dismiss is denied
QUANTUM IMAGING HOLDINGS, LLC a/a/o GLENIS JIMENEZ, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 13-011820 COCE 55. January 9, 2014. Honorable Sharon L. Zeller, Judge. Counsel: Emilio R. Stillo and Nathan Avrunin, for Plaintiff. Jonathan S. Brooks, for Defendant.
ORDER DENYING DEFENDANT’SMOTION TO DISMISS
THIS CAUSE came before the Court on December 14, 2013 for hearing on Defendant’s Motion to Dismiss, and the Court’s having reviewed the motion and entire Court file; reviewed the relevant legal authorities; heard argument; and been sufficiently advised in the premises the Court finds as follows:
Findings of Fact: The Defendant has filed a Motion to Dismiss asserting that the failure to attach a copy of the written Assignment of Benefits to Plaintiff’s Complaint warrants dismissal of Plaintiff’s case. It is undisputed the Plaintiff has pled that the claimant Glenis Jimenez has assigned his benefits to the Plaintiff, Quantum Imaging Holdings, LLC.
Conclusions of Law: Rule 1.130 does not require Plaintiff to attach a written Assignment of Benefits. Subsection (a) of this Rule provides:
(a) Instruments Attached. All bonds, notes, bills of exchange, contracts, accounts, or documents upon which action may be brought or defense made, or a copy thereof or a copy of the portions thereof material to the pleadings, shall be incorporated in or attached to the pleading. No papers shall be unnecessarily annexed as exhibits. The pleadings shall contain no unnecessary recitals of deeds, documents, contracts, or other instruments.
(emphasis added).
The present case rests on a breach of the insurance contract, not a breach of the assignment. The purpose of Rule 1.130 is to apprise the defendant of the nature of the cause of action so that it may form a reply. Daniel B. Mankowitz D.C. P.A. (a/a/o Latoya Jackson, v. Allstate Insurance Company, 8 Fla. L. Weekly Supp. 648a (Judge LoGalbo, Pinellas County Court 2001); Sasche v. Tampa Music Co., 262 So.2d 17, 19 (Fla. 2d DCA 1972); citing United States Rubber Products v. Clark, 200 So.385 (Fla. 1941). The attachment of the assignment is not required by Rule 1.130. The Plaintiff has provided numerous decisions reaching the same conclusion including Healthwest Rehabilitation Group Inc. (a/a/o Jatniel D. Rodriguez) v. Progressive American Insurance Company, 20 Fla. L. Weekly Supp. 933a (Judge Courtney, Hillsborough County, 2013), Bradenton Spine and Joint Center Inc. (a/a/o Randall Marisberger) v. Progressive Express Insurance Company, 10 Fla. L. Weekly Supp. 544b (Judge Goldman, Sarasota County Court, 2003). Further, the 3rd DCA held an allegation of assignment was sufficiently pled to withstand a motion to dismiss. Parkway General Hospital Inc. v. Allstate Insurance Company, 393 So.2d 1171 (Fla. 3rd DCA 1981).
ORDERED AND ADJUDGED THAT: the Defendant’s Motion to Dismiss is Denied. The Court further finds the complaint to be sufficiently drafted to require the Defendant to file an Answer. Defendant shall file an Answer and Affirmative Defenses within twenty (20) days of the date of this Order.
* * *
