8 Fla. L. Weekly Supp. 790b
Insurance — Personal injury protection — Assignment — Medical provider does not have standing to bring suit against insurer under purported assignment of benefits which is incomplete HCFA 1500 form
JAMES K. SHEA, M.D. a/a/o Colleen Carroll, Plaintiff, vs. METROPOLITAN PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. CCO-00-7374. July 17, 2001. W. Michael Miller, Judge. Counsel: Katherine G. Mantia. Kimberly A. Driggers.
ORDER ON DEFENDANT’S MOTION TO DISMISS
THIS CAUSE, having come on to be heard on Tuesday, July 17, 2001, upon Defendant, METROPOLITAN PROPERTY & CASUALTY INSURANCE COMPANY’S Motion to Dismiss, and the Court having reviewed the pleadings, heard argument of counsel, and being otherwise fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that:
1. Defendant’s Motion to Dismiss is hereby GRANTED with Prejudice.
2. The Plaintiff, James K. Shea, M.D., does not have standing to bring this lawsuit under the purported assignment of benefits, which is an incomplete HCFA 1500 form signed by the insured in boxes 12 and 13.
3. Defendant’s corresponding request for attorney’s fees and costs is hereby reserved.
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