26 Fla. L. Weekly Supp. 893a
Online Reference: FLWSUPP 2611TAYLInsurance — Personal injury protection — Standing — Assignment — Where plaintiff has management services agreement allowing it to pursue claims on behalf of medical provider that is insured’s assignee, and bills submitted by plaintiff to insurer throughout insured’s course of treatment have been paid by insurer, plaintiff has standing to bring suit for unpaid PIP benefits
COASTAL CARE MEDICAL CENTER, INC., d/b/a COASTAL CARE PLUS MEDICAL CENTERS as assignee of THOMAS TAYLOR, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant(s). County Court, 4th Judicial Circuit in and for Duval County. Case No. 2015-SC-2847, Division CC-L. December 20, 2018. Michelle Kalil, Judge. Counsel: Ashley-Britt Hansen, for Plaintiff. Dawn M. Carsten, for Defendant.
ORDER ON DEFENDANT’S AMENDED MOTIONFOR SUMMARY DISPOSITION AND PLAINTIFF’SCROSS MOTION FOR SUMMARY DISPOSITIONREGARDING STANDING
This cause came before the Court on the Defendant’s Amended Motion for Summary Disposition and Plaintiff’s Cross Motion for Summary Disposition regarding standing. The Court having reviewed the file, heard the arguments of Counsel, and being fully advised in the premises, finds as follows:
1. On or about January 10, 2011, Thomas Taylor sustained personal injuries related to the use of a motor vehicle that was insured by Defendant. Mr. Taylor subsequently sought medical treatment from Coastal Care Plus Medical Services pursuant to No-Fault benefits under his insurance policy. Thomas Taylor signed an Assignment of Benefits (“AOB”) from Coastal Care Plus Medical Services. Plaintiff (Coastal Care Medical Center, Inc, hereinafter “Coastal Care”) eventually filed suit for unpaid benefits provided by Coastal Care Plus Medical Services (hereinafter “Care Plus”).
2. Defendant alleges that Plaintiff lacks standing pursuant to a defective AOB. Mr. Taylor signed an AOB from Care Plus, while having received treatment from Coastal Care. Defendant alleges these are two separate and distinct entities, by virtue of different presidents and different tax identification numbers. Therefore, Defendant alleges Coastal Care lacks standing to bring the lawsuit on behalf of Mr. Taylor.
3. Plaintiff indicates that the AOB is valid based on a variety of reasons. The two entities, Coastal Care and Care Plus, entered into a Management Services Agreement (“MSA”) on May 24, 2010. The MSA purportedly allows Plaintiff, Coastal Care, to pursue payments on behalf of Coastal Plus. Both entities applied for application of registration of fictitious names to indicate the names can be used interchangeably. Furthermore, Plaintiff submitted bills (not the subject of this suit) on behalf of Mr. Taylor for which Defendant paid.
4. An AOB is an “unqualified instruction to pay the provider directly [which] is a common law assignment or the statutory assignment contemplated by section 627.736 and such an assignment is sufficient to convey the provider standing to sue for unpaid benefits.” Accmend Healthcare System, LLC, d/b/a Florida Spine Care (a/a/o Alphonso Randall) v. United Services Automobile Association, 22 Fla. L. Weekly Supp. 976a.
5. The actions of a party are also instructive as to whether or not a patient has assigned his benefits to a medical provider. In the instant case, Plaintiff argues that this was also an equitable AOB. Throughout the course of treatment, Plaintiff submitted bills to Defendant on behalf of Mr. Taylor and Plaintiff was subsequently paid.
6. Based on the language of the documents, and the actions of the parties, this Court finds that Coastal Care and Care Plus are affiliated businesses and the Plaintiff has standing to bring this lawsuit.
It is therefore ORDERED AND ADJUDGED, the Defendant’s Amended Motion for Summary Disposition is Denied and the Plaintiff’s Cross Summary Motion for Disposition regarding standing is Granted.
