6 Fla. L. Weekly Supp. 679a
Insurance — Personal injury protection — De facto or implied assignment of benefits — Medical provider’s act of submitting a bill for diagnostic testing with the insured/patient’s permission, through an authorization for direct payment — Summary judgment inappropriate where unresolved material issue of fact remains
ARLENE ARTAU, Plaintiff/Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant/Appellee. 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 98-1210. Appellate Case 98-4086. Opinion filed May 19, 1999. Edward H. Ward, Judge. Appeal from a decision of the Hillsborough County Court – Judge Charlotte Anderson. Counsel: Michael C. Clarke, for Appellant. Anthony J. Parrino, for Appellee.
ORDER AND OPINION
THIS MATTER is before the Court on Arlene Artau’s appeal from a decision of the Hillsborough County Court. After reviewing the briefs, record, and having oral argument on the matter, this Court finds that error was committed by the lower court and that reversal is appropriate.
ISSUE
The issue presented was whether the act of a medical provider in submitting a bill for diagnostic testing with the insured/patient’s permission, through an authorization for direct payment, creates a de facto or implied assignment of benefits.
RULING
This court finds that the legal transaction of assignment requires more record evidence than exists in this appeal, where only authorization by the Plaintiff for direct payment and direct submission by the provider to the insurer for direct payment is insufficient to create an assignment. Accordingly, an unresolved material issue of fact remains and Summary Judgment is inappropriate. With resolution of this issue the Court need not address the remaining issue(s) on appeal.
The Order under review is reversed and remanded for additional consideration by the trial court including taxation of statutory appellate fees and costs.
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MANDATE
THIS CAUSE having been brought to the circuit court by appeal, and after due consideration, the court having entered its Order and Opinion which was filed on May 19, 1999. The Judgment of the County Court Civil Division is hereby REVERSED AND REMANDED.
Pursuant to Florida Rules of Appellate Procedure 9.340, the Clerk hereby issues this MANDATE and furnishes copies to all parties.
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