25 Fla. L. Weekly Supp. 827c
Online Reference: FLWSUPP 2509MCKIInsurance — Personal injury protection — Standing — Declaratory judgments — Insured who assigned PIP benefits to medical providers has standing to bring declaratory action seeking coverage declaration
JARVIS MCKIVER, Plaintiff, vs. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, County Civil Division. Case No. 16-CC-035840. November 16, 2017. Joelle Ann Ober, Judge. Counsel: Timothy A. Patrick, Patrick Law Group, P.A., Tampa, for Plaintiff. Daniel Smith, for Defendant
ORDER DENYING DEFENDANT’S MOTION TO DISMISS
THIS MATTER having come before the court on November 15, 2017 on Defendant’s Motion to Dismiss. Timothy A. Patrick appeared for Plaintiff. Daniel Smith appeared for Defendant. The court having reviewed the file, considered the motion, the arguments presented by Plaintiff’s counsel, applicable law, and being otherwise fully advised, finds,
1. Defendant’s motion alleges that the Plaintiff has failed to state a cause of action and that Plaintiff does not have standing inasmuch as Plaintiff has assigned his PIP benefits to his respective medical providers.
2. The court finds that this based upon the four corners of the complaint, Plaintiff has alleged a valid declaratory action seeking a coverage declaration. Further, a declaration action seeking a coverage declaration is distinguishable from a PIP breach of contract action.
3. As such, Defendant’s Motion to Dismiss is HEREBY DENIED.
4. Defendant has ten (10) days to file a responsive pleading.
