23 Fla. L. Weekly Supp. 163a
Online Reference: FLWSUPP 2302WPIEInsurance — Standing — Assignment — Even if express assignment is flawed because of error in name of assignee, plaintiff medical provider has standing based on equitable assignment where it is undisputed that provider treated insured, submitted bills, received partial payment from insurer, and filed action to collect balance of bills
ADVANCED 3D DIAGNOSTICS A/A/O WILBERT PIERRE, Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2013-SC-10043-O (71). June 8, 2015. Honorable Tina L. Caraballo, Judge. Counsel: David Bender, Shuster & Saben, LLC, Satellite Beach, for Plaintiff. Brooke Boltz, Cole, Scott & Kissane, P.A., Orlando, for Defendant.
ORDER ON DEFENDANT’S MOTION FOR SUMMARYJUDGMENT FOR LACK OF STANDING
THIS MATTER came before the Court on May 28, 2015, upon Defendant’s Motion for Summary Judgment for Lack of Standing. Defendant seeks summary judgment alleging Plaintiff’s assignment of benefits does not confer upon it standing to bring this action. Defendant raised the issue in its answer and affirmative defenses.
Plaintiff’s assignment of benefits identifies Advanced 3D Diagnostics at the top of the document and in the body states the assignment is to “Advanced 3D Imaging.” Defendant argues this error in the name of the Plaintiff denies it standing to bring this action. Defendant also argues that the assignment is not a complete, unqualified assignment of Personal Injury Protection (“PIP”) benefits.
“Standing is, in the final analysis, that sufficient interest in the outcome of litigation which will warrant the court’s entertaining it.” Gen. Dev. Corp. v. Kirk, 251 So.2d 284, 286 (Fla. 2d DCA 1971). Assignments may be express or implied by the circumstances. Plaintiff’s complaint alleged an express assignment and, in the alternative, an equitable assignment.
In this case, there is no dispute that Advanced 3D Diagnostic, Inc. treated the insured, submitted bills, received some payment from State Farm and filed the instant action to collect the remaining amounts it claims is due and owing. As such, the Court finds sufficient support for a cuase of action for equitable assignment even if the express assignment is flawed. See Giles v. Sun Bank, N.A., 450 So.2d 258, 260 (Fla. 5th DCA 1984). Accordingly, the Court denies Defendant’s Motion for Summary Judgment for lack of standing.
