22 Fla. L. Weekly Supp. 1088a
Online Reference: FLWSUPP 2209KERRInsurance — Standing — Assignment — Validity — Document in which medical provider agreed to provide services based on unqualified assignment of benefits on condition that insured would be ultimately responsible for any bills not covered by policy or not paid by insurer is valid assignment
AXCESS DIAGNOSTICS POINTE WEST, LLC D/B/A BOWES IMAGING CENTER, a Florida Corp. (a/a/o Ray, Kerrick), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 12th Judicial Circuit in and for Manatee County. Case No. 41 2013SC000606AX. March 11, 2015. K. Douglas Henderson, Judge. Counsel: William Moon, Florida Advocates, Dania Beach, for Plaintiff. Amy D. Prevatt, Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A., Tampa, for Defendant.
ORDER ON DEFENDANT’S MOTION FOR FINAL SUMMARY JUDGEMENT RE: AOB
This action came before the Court on Defendant’s Motion for Final Summary Judgment and,
IT IS ORDERED AND ADJUDGED:
1. Defendant’s Motion for Final Summary Judgment is DENIED.
2. Plaintiff’s Assignment of Benefits is valid.
3. Language in the Assignment of Benefits where the Plaintiff / provider agreed to perform services based on an unqualified assignment of medical benefits on the condition that the assignor / patient would be ultimately responsible for any medical bills either not covered by the insurance policy or simply not paid by the insurer does not invalidate Plaintiff’s Assignment of Benefits.
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