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DENNIS MILLER, Appellant, vs. ALLSTATE INSURANCE COMPANY, Appellee.

6 Fla. L. Weekly Supp. 624a

Insurance — Insured who had assigned rights under policy to health care provider lacked standing to sue insurer for interest on payments made by insurer

DENNIS MILLER, Appellant, vs. ALLSTATE INSURANCE COMPANY, Appellee. 17th Judicial Circuit in and for Broward County. Case No. 98-17067 (05). March 25, 1999. Estella M. Moriarty, Judge.

OPINION

THIS CAUSE comes before the Court in its appellate capacity upon an appeal from the Directed Verdict and Final Judgment of the trial court in favor of the Appellee.

Appellant was involved in a motor vehicle accident. The trial court found that Appellant assigned his rights under the insurance policy to his chiropractor. When an insured assigns his rights to his health care provider, the insured assigns his interest in the policy for those benefits and “has no right to make any claim on the contract once the assignment is complete.” State Farm Fire and Casualty Company v. Ray, 556 So.2d 811, 813 (Fla. 5th DCA 1990). Accordingly, Appellant lacked standing to sue Appellee for interest on payments made by Appellee. The trial court properly entered a Directed Verdict and Final Judgment against Appellant.

ORDERED AND ADJUDGED that the Directed Verdict and Final Judgment of the trial court is AFFIRMED.

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