5 Fla. L. Weekly Supp. 841a
Insurance — Authorization to pay without an assignment of benefits executed by insured and insured’s providers does not constitute a valid assignment — Insured retains standing to sue insurer
Additional ruling in this case at 6 Fla. L. Weekly Supp. 45a
MAXIMO DE LA ROSA, Plaintiff, vs. PROGRESSIVE SOUTHEASTERN INSURANCE COMPANY, Defendant. County Court of the 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 98-2000 SC. Division: H. September 3, 1998. James M. Barton, II, Judge. Counsel: Meena M. Lopez, Timothy A. Patrick, P.A., Tampa, for Plaintiff. Adam Brum, Fowler, White et al., for Defendant.
ORDER
THIS CAUSE having come before the Court on August 19, 1998, on Defendant’s Motion for More Definite Statement, Motion to Dismiss and/or Request Stay and Motion to Compel Arbitration, and the Court having heard argument of counsel and otherwise being fully advised of the premises, it is hereby:
ORDERED and ADJUDGED Defendant’s Motion for More Definite Statement is rendered MOOT as Plaintiff has complied with this Court’s order. It is further;
ORDERED and ADJUDGED that Defendant’s Motion to Dismiss and/or Request Stay and Motion to Compel Arbitration are DENIED. Defendant’s arguments are well taken, however, this Court finds that the authorization to pay without an Assignment of Benefits executed by the insured and its providers do not constitute an Assignment of Benefits. Plaintiff retains standing. Defendant shall answer Plaintiff’s Complaint within 20 days from the entry of this Order.
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