26 Fla. L. Weekly Supp. 147a
Online Reference: FLWSUPP 2602COMMInsurance — Personal injury protection — Standing — Assignment — Validity — Document assigning right to receive payment of PIP benefits also bestows on medical provider right to enforce any claims to those benefits — Insurer’s motion for summary judgment in regards to standing is denied
VIERA DIAGNOSTIC CENTER, LLC a/a/o Lisa Commer, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Brevard County. Case No. 05-2017-SC-024166. March 19, 2018. Rhonda Euthalia Babb, Judge. Counsel: David Bender, Shuster & Saben, LLC, Satellite Beach, for Plaintiff. Michael G. Rabinowitz, Banker Lopez Gassler P.A., Plantation, for Defendant.
ORDER DENYING DEFENDANT’S MOTION FORFINAL SUMMARY JUDGMENT AND INTEGRATEDMEMORANDUM OF LAW IN SUPPORTTHEREOF IN REGARDS, TO STANDING
THIS CAUSE, having come before the Court on Defendant’s Motion for Final Summary Judgment and Integrated Memorandum of Law in Support thereof in Regards to Standing and the Court, having reviewed the motion, evidence, and heard argument of counsel, finds as follows:
Factual Background:
This is a suit brought by an assignee medical provider for payment of PIP benefits. Defendant has alleged an affirmative defense that Plaintiff lacks standing to bring this lawsuit. Specifically, that the assignment of benefits does not confer standing upon Plaintiff to maintain this lawsuit as it merely authorizes payment of benefits and is therefore a direction to pay. Defendant contends that a valid assignment of benefits must assign explicitly the right to bring suit. Plaintiff maintains that there is no legal distinction between a direction to pay and an assignment of benefits and that Plaintiff is the real party in interest. The language that the Court needs to interpret to determine whether there is a valid assignment of benefits is as follows:
By signing below, I hereby authorize and consent to be treated by Viera Diagnostic Center. I certify that the insurance information given by me is correct and coverage is in effect at time of treatment. I understand that I am responsible for verification with my insurance company that Viera Diagnostic Center is a contracted provider when applicable. I authorize Viera Diagnostic Center to furnish my insurance company(s) with any and all medical information requested. I authorize and assign payment directly to Viera Diagnostic Center all benefits due and payable under the terms of my policy. I understand that I am financially responsible for all charges not paid by my insurance company including deductibles, co-pays and coinsurance.
Conclusions of Law:
The Fifth District Court has defined an assignment as the “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 & Cas. Co. v. Ray, 556 So.2d 811, 812 (Fla. 5th DCA 1990). It is important that the claim be brought by, or on behalf of one, who is the real party in interest to protect the defendant from having to defend a similar action by another not a party to the present proceeding. See Kumar Corp. v. Nopal Lines, LTD. 462 So.2d 1178 (Fla. 3d DCA 1985). In this case, the Court finds that Viera Diagnostic Center, LLC is the real party in interest as it is in the best position to enforce the claim for PIP benefits, and this protects the Defendant from facing two lawsuits. The Court also finds that Viera Diagnostic Center, LLC has standing to maintain the present lawsuit. The Court agrees with Plaintiff’s argument that assigning the right to receive payment of the benefits also bestows the right to enforce any claims to those benefits. See USAA General Indemnity Co. v. Emergency Physicians of Central Florida, LLP a/a/o Adriel Rodriguez, 22 Fla. L. Weekly Supp. 686a (18th Judicial Circuit (Appellate) 2015); Emergency Physicians of Central Florida, LLP v. Garrison Property and Casualty Ins. Co., 23 Fla. L. Weekly Supp. 189b (18th Judicial Circuit, Judge A.B. Majeed, 2015)
