24 Fla. L. Weekly Supp. 998a
Online Reference: FLWSUPP 2411MASIInsurance — Personal injury protection — Standing — Assignee — Document attached to assignee’s complaint against insurer was a valid assignment of benefits and was sufficient to confer standing upon plaintiff
MRI SCAN CENTER, LLC. (a/a/o Andrew Masi Jr.), Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COCE 16-012195 (55). January 13, 2017. Daniel Kanner, Judge. Counsel: Rafael I. Katz, Katz & Katz, P.A., Fort Lauderdale, for Plaintiff. Lowell Karr, Cole, Scott & Kissane, P.A., Plantation, for Defendant.
ORDER ON PLAINTIFF’S MOTION FORPARTIAL SUMMARY JUDGMENT
This matter came before the Court for hearing on January 4, 2017 on Plaintiff’s Motion for Partial Summary Judgment relative to the issue of standing. The Court heard and considered argument of counsel, relevant case law and the record in this case.
Plaintiff filed suit alleging it has standing by virtue of an assignment of benefits given to Plaintiff by Defendant’s insured. Plaintiff’s Complaint, ¶¶ 22-24. The assignment was attached to Plaintiff’s Complaint as well as an exhibit to the Plaintiff’s Motion for Partial Summary Judgment. Defendant filed an Answer and Affirmative Defenses to Plaintiff’s Complaint denying Plaintiff had standing and alleging as an affirmative defense that Plaintiff lacked standing “because the document upon which Plaintiff relied on to have standing is merely a direction to pay the Plaintiff and does not transfer any rights or benefits to Plaintiff which would afford Plaintiff standing” in this case. Defendant’s First Affirmative Defense.
The document attached to Plaintiff’s Complaint and Motion for Partial Summary Judgment has a provision entitled “ASSIGNMENT OF BENEFITS” which states, in relevant part:
The undersigned patient hereby assigns his/her Personal Injury Protection (PIP) benefits of insurance under a policy with State Farm for an automobile accident I was involved in on 02/20/12 to MRI Scan Center, Inc. for services rendered to the undersigned patient. The undersigned further agrees to pay any applicable deductible or co-payment no covered by the PIP insurance coverage.
“An assignment is defined as a ‘transfer or setting over of property or of some right or interest therein, from one person to another. It is the act by which one person transfers to another, or causes to vest in another, his right of property or interest therein.” State Farm Fire and Casualty Co. v. Ray, 556 So.2d 811 (Fla. 5th DCA 1990) (emphasis added, internal citations omitted). Accordingly, the Court finds the document relied on by Plaintiff is a valid assignment of benefits and is sufficient to confer standing upon the Plaintiff.
Accordingly, it is hereby ORDERED and ADJUDGED that Plaintiff’s Motion for Partial Summary Judgment is GRANTED as to standing to maintain the instant cause of action.
