4 Fla. L. Weekly Supp. 97a
Insurance — Plaintiff had no standing to prosecute claim against insurer where plaintiff had effectively transferred all of her interests and rights in case to medical provider
MELANIE SNIDER TSHETTER, Plaintiff, v. STATE FARM INSURANCE COMPANIES, Defendant. In the County Court of Manatee County. Case No. CL 96-2581. May 29, 1996. Doug Henderson, Judge. Counsel: Richard Tracy Lee, Sarasota, for Plaintiff. Anthony J. Parrino, St. Petersburg, for Defendant.
FINAL JUDGMENT
THIS CASE was heard on May 23, 1996, on Defendant’s Motion To Dismiss, which the Court treats as a Motion For Judgment on the Pleadings. Pursuant to arguments of counsel, the Court finds as follows:
Per stipulation and/or absent objection from Plaintiff’s counsel, Defense counsel filed 1) a copy of an April 17, 1996, letter from Comprehensive Medical, Inc. (Plaintiff’s medical provider) to Defendant State Farm in which Comprehensive Medical demands arbitration of Plaintiff’s unpaid bill “in accordance with Florida Statutes and the applicable policy …”, and 2) a copy of the statutory (F.S. 627.736) arbitration provisions of State Farm’s policy covering Plaintiff.
Plaintiff’s Assignment is complete and effectively transfers all of her interests and rights in this case to Comprehensive Medical, which in turn will be bound by, and has indeed demanded, binding arbitration with State Farm pursuant to the subject policy and F.S. 627.736. Accordingly, Plaintiff has no standing to prosecute this claim. Being otherwise fully informed, it is
ADJUDGED THAT
Plaintiff take nothing by this action and Defendant shall go hence without day. Jurisdiction is reserved on the issues of attorney’s fees and costs.
* * *
