22 Fla. L. Weekly Supp. 742b
Online Reference: FLWSUPP 2206VRODInsurance — Personal injury protection — Standing — Assignment
AXCESS DIAGNOSTICS POINTE WEST, LLC D/B/A BOWES IMAGING CENTER, a Florida Corp. (a/a/o Rodriguez, Vilma 2), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 12th Judicial Circuit in and for Manatee County. Case No. 2013-SC-3965. November 24, 2014. K. Douglas Henderson, Judge. Counsel: James D. Underwood, Florida Advocates, Dania Beach, for Plaintiff. Dyana L. Sisti, Reynolds Parrino Spano & Shadwick, P.A., St. Petersburg, for Defendant.
ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (AOB)
This action came before the Court on Defendant’s Motion for Summary Judgment (AOB) and the Court having been advised in chambers and having reviewed the relevant legal authorities and arguments of the parties;
IT IS ORDERED AND ADJUDGED:
Defendant’s Motion is hereby DENIED. The Defendant moved for summary judgment claiming the Plaintiff lacked standing to bring this action because the assignment of benefits to the Plaintiff was defective in that it did not transfer the right to a cause of action.
The assignment provides as follows:
(3) ASSIGNMENT OF BENEFITS: The patient hereby makes the assignment of benefits as set forth below.
OTHER THIRD PARTY PAYORS: The patient hereby assigns to Axcess Diagnositcs benefits under any insurance policy, health plan, workers’ compensation or other third party payer liable to the patient, in consideration for services rendered by Axcess Diagnostics.
The Court having reviewed the relevant case law presented by the parties and the assignment attached to the Plaintiff’s complaint must deny Defendant’s motion. The Plaintiff in this case has standing to bring this lawsuit based on the assignment of benefits attached to the Plaintiff’s complaint.
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