8 Fla. L. Weekly Supp. 650a
Insurance — Personal injury protection — Assignment — Plaintiff medical provider has 15 days to amend statement of claim to allege the grounds for assignment of PIP benefits or allege that it is written assignment
JOHN A. LIEURANCE, D.C., a/a/o GLADYS MARQUEZ, Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant. County Court, 12th Judicial Circuit in and for Sarasota County. Case No. 2001 SC 6434 NC. July 20, 2001. Barbara Briggs, Judge. Counsel: Jeffrey A. Luhrsen, Sarasota, for Plaintiff. Phil S. Yurecka, Reynolds & Stowell, St. Petersburg, for Defendant.
ORDER
THIS CAUSE having come before the Court on Defendant’s Motion to Dismiss. Present are Mr. Luhrsen and Mr. Parrino and notice was/was not given. The Court having heard argument of counsel and/or the other parties, and being otherwise advised in the premises, it is hereby:
ORDERED AND ADJUDGED that said Motion be, and the same is hereby:
The Statement of Claim Alleges in Paragraphs 6 + 16 “…Gladys Marquez actually or equitably assigned PIP benefits to Dr. John A. Lieurance, D.C. by written document, parol or course of conduct.”
The Motion is granted in part in that the Plaintiff needs to allege the grounds for the Assignment or allege if it is a written Assignment. If it is written a copy does not need to be attached. The Plaintiff has 15 days to amend the statement of claim.
* * *
