24 Fla. L. Weekly Supp. 192a
Online Reference: FLWSUPP 2402KMARInsurance — Personal injury protection — Standing — Assignment — Document authorizing direct remittance of payment of all insurance benefits to medical provider is not valid assignment
SOUTH MANDARIN CHIROPRACTIC & WELLNESS, INC. a/a/o Keshandria Martin, Plaintiff, v. PEAK PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County, Civil Division. Case No. COCE14001303. May 19, 2016. Honorable Robert W. Lee, Judge. Counsel: Matthew Barber, Landau & Associates, for Plaintiff. Carlo D. Marichal, Banker Lopez Gassler, P.A., Plantation, for Defendant.
Final judgment in this case at 24 Fla. L. Weekly Supp. 580c
CORRECTED ORDER ON DEFENDANT’S MOTION
FOR PARTIAL SUMMARY JUDGMENT
REGARDING EXPRESS ASSIGNMENT OF BENEFITS
THIS CAUSE is before the Court on Defendant’s, PEAK PROPERTY AND CASUALTY INSURANCE COMPANY (“Defendant”), Motion for Partial Summary Judgment Regarding Express Assignment of Benefits, and after hearing argument, it is hereby ORDERED AND ADJUDGED:
1. Plaintiff, SOUTH MANDARIN CHIROPRACTIC & WELLNESS, INC. (“Plaintiff”), filed this action to seek payment of Personal Injury Protection benefits in remuneration for medical services allegedly performed by Plaintiff for KESHANDRIA MARTIN (the “Claimant”), as a result of the alleged accident. Plaintiff attached to its complaint a document that Plaintiff purports to be an assignment of benefits.
2. The Court reviewed said document, which includes the phrase “Assignment of Benefits” and reads in pertinent part: “I authorize direct remittance of payment of all insurance benefits.”
3. For a medical provider to bring an action for personal injury protection benefits, the insured must assign his or her right to such benefits under the policy to that medical provider. Progressive Exp. Ins. Co. v. McGrath Community Chiropractic, 913 So. 2d 1281 (Fla. 2d DCA 2005) [30 Fla. L. Weekly D2622b]. “[O]nly the insured or the medical provider ‘owns’ the cause of action against the insurer at any one time. And the one that owns the claim must bring the action if an action is to be brought.” Oglesby v. State Farm Mut. Auto. Ins. Co., 781 So. 2d 469, 470 (Fla. 5th DCA 2001) [26 Fla. L. Weekly D702a]. That is because if the insured has assigned his or her benefits to the medical provider, the insured has no standing to bring an action against the insurer. Livingston v. State Farm Mut. Auto. Ins. Co., 774 So.2d 716, 718 (Fla. 2d DCA 2000) [25 Fla. L. Weekly D533c]. Absent a valid assignment of benefits by the claimant to the subject medical provider, the medical provider has no standing to bring suit for the personal injury protection benefits as assignee of the claimant. Hartford Ins. Co. of Southeast v. St. Mary’s Hosp., Inc., 771 So.2d 1210, 1212 (Fla. 4th DCA 2000) [25 Fla. L. Weekly D2523a].
4. In this matter, the Court finds that the alleged Assignment of Benefits is insufficient as a matter of law to be an express, written assignment, and Defendant is granted partial summary judgment on the matter. However, the Court does NOT address whether the document is evidence of an equitable assignment, which may also provide standing.
