23 Fla. L. Weekly Supp. 603a
Online Reference: FLWSUPP 2306CROIInsurance — Where defendant medical provider obtained assignment from insured before insurer’s complaint seeking declaratory relief, entry of default against insured has no legal effect on medical provider’s ability to assert defense in action and pursue counterclaim against insurer for breach of policy — Order entering summary judgment in favor of insurer is vacated
IMPERIAL FIRE & CASUALTY INSURANCE COMPANY, Plaintiff v. GINA CROICOUT, individually and as Parent and/or Legal Guardian of DESTINAY CROICOUT, JASON CASIMAR and NORTH BEACH PAIN & HEALTH CENTER, INC., Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 11-4701 CC 05 (08). October 26, 2015. Ivonne Cuesta, Judge. Counsel: Maria Cristina Gonzalez, Miami, for Plaintiff. Stuart Koenigsberg, A Able Advocates — Stuart L. Koenigsberg, P.A., Miami, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION TO VACATEITS MAY 28, 2015 ORDER GRANTING DEFENDANT’SSECOND MOTION FOR SUMMARY JUDGMENT
Defendant’s Motion for Rehearing regarding this Court’s May 28, 2015 Order Granting Plaintiff’s Second Motion for Summary Judgment was heard in Chambers at the Miami-Dade County Courthouse on October 6, 2015 followed by a Status Conference held on October 22, 2015. The Court, after having reviewed Defendant’s motion, the procedural history of the case, having considered argument of counsel and legal authority presented and being otherwise fully advised as to the premises of same;
It is ORDERED AND ADJUDGED that:
Defendant’s Motion is GRANTED. This Court VACATES its Order entered on May 28, 2015 Granting Plaintiff’s Second Motion for Summary Judgment. In doing so, the Court finds that because Defendant NORTH BEACH PAIN & HEALTH CENTER, INC. obtained an assignment from Defendant GINA CROICOUT prior to Plaintiff’s Complaint seeking Declaratory Relief, the Clerk’s default obtained by Plaintiff against CROICOUT has no legal effect on Defendant NORTH BEACH’s ability to assert a defense in the Plaintiff’s Declaratory Action and/or to pursue its counterclaim against Defendant seeking damages resulting from an alleged breach of the assigned insurance contract.
