25 Fla. L. Weekly Supp. 757a
Online Reference: FLWSUPP 2508RODAInsurance — Personal injury protection — Standing — Assignment — Where purported assignment of benefits is not dated, does not reference medical provider, and does not indicate to whom benefits are assigned, provider lacks valid assignment and does not have standing
AMERICAN MED-CARE CENTERS, P.A. (a/a/o Luciano Rodas), Plaintiff, vs. MGA INSURANCE COMPANY, INC., Defendant. County Court, 15th Judicial Circuit in and for Palm Beach County. Case No. 50-2017-CC-005184-XXXX-MB. October 13, 2017. Dana M. Santino, Judge.
ORDER GRANTING DEFENDANT’S MOTION FORFINAL SUMMARY JUDGMENT (RE: STANDING)
THIS CAUSE having come before this Honorable Court for hearing on October 5, 2017 on Defendant’s Motion for Final Summary Judgment Re: Standing and the Court having reviewed the Motion and supporting affidavit; the entire Court file; and reviewing the relevant legal authorities; having heard arguments by Counsel; having made a thorough review of the matters filed on record; and having been otherwise fully advised in the premises, it is hereby
ORDERED AND ADJUDGED: GRANTED
Background
This is an action by Plaintiff as the assignee of Luciano Rodas to recover alleged overdue Personal Injury Protection (“PIP”) benefits from Defendant.
Defendant has raised the issue of standing as an affirmative defense in this action.
Plaintiff relies on a document titled “Assignment of Insurance Benefits, Power of Attorney, and Release of Information” which it alleges was signed by Luciano Rodas.
The document titled “Assignment of Insurance Benefits, Power of Attorney, and Release of Information” is not dated, contains no indication of to whom benefits are being assigned, and does not reference American Med-Care Centers, P.A. anywhere in the document.
On October 5, 2017 the Court heard argument from counsel for Plaintiff and Defendant on Defendant’s Motion for Final Summary Judgment and hereby makes the following findings of fact and law.
Findings of Fact
The facts material to Defendant’s Motion for Final Summary Judgment are undisputed, and established by the pleadings and affidavit of Defendant’s Adjuster, Clara Noda, and the court record.
Defendant issued a policy of insurance to Luciano Rodas which inured to his benefit, and provided PIP benefits up to $10,000 subject to the terms, conditions, limitation and exclusions of said policy and Florida law.
On February 9, 2016, Defendant received a document entitled “Assignment of Insurance Benefits, Power of Attorney, and Release of Information” from Plaintiff, which purportedly contained the name and signature of Mr. Rodas. However, said document is not dated, does not include any reference to American Med-Care Centers, P.A., or any other provider, and does not indicate to whom benefits are assigned.
On August 22, 2016, Defendant received a pre-suit demand letter from Plaintiff for alleged overdue PIP benefits under Section 627.736(10), Fla. Stat. This pre-suit demand letter demanded PIP benefits in the amount of $12,552.00 for dates of service January 15, 2016 through June 1, 2016. However, it did not include an assignment of benefits transferring the rights from Mr. Rodas to Plaintiff. Further, no assignment of benefits was attached to Plaintiff’s Complaint.
On January 17, 2017 Defendant filed its Answer and Affirmative Defenses which raised the defense of lack of standing, because Plaintiff lacks an assignment of benefits that transfers the right to maintain this action from Mr. Rodas to Plaintiff.
On February 10, 2017, Defendant filed its Motion for Final Summary Judgment re: Standing. In support of same, Defendant submitted a sworn affidavit from Clara Noda, who testified that:
The “Assignment of Insurance Benefits, Power of Attorney, and Release of Information” did not include any reference to American Med-Care Centers, P.A., or any other provider, and does not indicate to whom benefits are assigned.
The “Assignment of Insurance Benefits, Power of Attorney, and Release of Information” was not dated.
That there was no Assignment of Benefits attached to Plaintiff’s pre-suit demand letter regarding Luciano Rodas.
That there was no Assignment of Benefits regarding Luciano Rodas attached to the Complaint.
Nearly nine (9) months after Defendant raised this affirmative defense and eight (8) months after Defendant filed its Motion for Final Summary Judgment, Plaintiff did not timely file any summary judgment evidence in opposition to Defendant’s Motion for Final Summary Judgment.Findings of Law
At the inception of suit, a Plaintiff must have standing to bring a cause of action. A Plaintiff’s lack of standing at the inception of a case is not a defect that may be cured by the acquisition of standing after the case is filed. Progressive Express Ins. Co. v. McGrath, 913 So. 2d 1281 (Fla. 2nd DCA 2005) [30 Fla. L. Weekly D2622b].
Under the Florida No-Fault/PIP Statute, Section 627.736, Fla. Stat. (2016), a written Assignment of Benefits is a condition precedent to filing an action for PIP benefits and serves as the basis for standing to invoke the process of the court. Progressive Express Ins. Co. v. McGrath, 913 So.2d 1281 (Fla. 2d DCA 2005) [30 Fla. L. Weekly D2622b] (citing Oglesby v. State Farm, 781 So.2d 469 (Fla. 5th DCA 2001) [26 Fla. L. Weekly D702a]); see also Dionne Douglas and Sanar Health Serv. Inc., D/B/A Medical Rehab. Ctr. V. United, 17 Fla. L. Weekly Supp. 1031b (11th Jud. Cir. 2010) and Partners In Health Palm Beach, Inc. v. Progressive, 14 Fla. L. Weekly Supp. 984a (Fla. Broward Cty. Ct. July 27, 2007); and section 627.736(10)(b)(1), Fla. Stat., which requires a “copy of the assignment giving rights to the claimant if the claimant is not the insurer.”
Fla. R. Civ. P. 1.510(b) provides in part:
A party against whom a claim, counterclaim, crossclaim, or third-party claim is asserted or a declaratory judgment is sought may move for a summary judgment in that party’s favor as to all or any part thereof at any time with or without supporting affidavits.
Fla. R. Civ. P. 1.510(c) provides in part:
The judgment sought must be rendered immediately if the pleadings and summary judgment evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
Defendant’s affidavit of Clara Noda set forth such facts as would be admissible in evidence and was not opposed by depositions, answers to interrogatories, or further affidavits.
The Court finds as a matter of law that Plaintiff, American Med-Care Center, P.A., lacks a valid and enforceable assignment of benefits, and consequently lacks standing to bring this matter and has failed to satisfy a condition precedent in maintaining this cause of action.Final Judgment
IT IS HEREBY ORDERED AND ADJUDGED that Defendant’s Motion for Final Summary Judgment Re: Standing is hereby granted, and Final Judgment is hereby entered on behalf of Defendant, MGA Insurance Company. Plaintiff, American Med-Care Center, P.A., shall take nothing by this action and Defendant shall go hence without day. The Court retains jurisdiction for the purpose of determining any motion by the Defendant to tax attorney’s fees and costs.
DONE AND ORDERED in Chambers, in Palm Beach County, Florida.
