8 Fla. L. Weekly Supp. 735a
Insurance — Personal injury protection — Assignment stating that it does not constitute any consideration for assignee to await payments is not legally sufficient assignment — Summary judgment granted in favor of insurer in action brought against insurer by medical provider as assignee of insured
DR. JAMES MAJORANA, on behalf of DONNA PALLADINO, Plaintiff, vs. METROPOLITAN CASUALTY INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pasco County, Small Claims Division. Case No. 2000-1144SP, Sec. S. July 19, 2001. William G. Sestak, Judge. Counsel: Gale L. Young, Reynolds and Stowell, St. Petersburg. Amy G. Cohen.
ORDER ON DEFENDANT’S MOTION FOR SUMMARYJUDGMENT AND DEFENDANT’S MOTION TO STRIKEPLAINTIFF’S CLAIM FOR ATTORNEY’S FEES
THIS CAUSE having come on for hearing on July 2, 2001 for Defendant’s Motion for Summary Judgment, and Defendant’s Motion to Strike Plaintiff’s Claim for Attorney’s Fees, and the Court being fully advised in the premises, it is hereby,
ORDERED and ADJUDGED that Defendant’s Motion for Summary Judgment is GRANTED as there is no evidence of consideration between the Plaintiff and the Patient in support of the purported assignment. The purported assignment specifically states:
“I further understand and agree that this Assignment, Lien and Authorization does not constitute any consideration for Assignee to await payments and they may demand payments from me immediately upon rendering services at their option.”(emphasis added).
A legally sufficient assignment must be supported by valuable consideration. Asphalt Paving, Inc. v. Ulery, 149 So.2d 370, 375 (Fla. 1st DCA 1963); See also, Fernandez v. Liberty Mutual Insurance Co., 5 Fla. L. Weekly Supp. 831 (Fla. 6th Cir., County Ct., Aug. 11, 1998); and American Diagnostic Inst. (Gozzersing) v. Allstate Indemnity Co., 8 Fla. L. Weekly Supp. 125 (Fla. 17th Cir. Ct. October 23, 2000).
Defendant’s Motion to Strike Plaintiff’s Claim for Attorney’s Fees is thereby moot.
__________________FINAL JUDGMENT
THIS CAUSE having come before the Court on the Defendant’s Motion for Summary Judgment on July 2, 2001, and the Court having granted Summary Judgment in favor of the Defendant, it is hereby
ORDERED and ADJUDGED that the Plaintiff, DR. JAMES MAJORANA, on behalf of DONNA PALLADINO, take nothing by this action and that the Defendant, METROPOLITAN CASUALTY INSURANCE COMPANY, shall go hence without day.
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