8 Fla. L. Weekly Supp. 799c
Insurance — Personal injury protection — Assignment of benefits — Assignment of PIP benefits to medical provider was valid notwithstanding that insured remained liable for balance of medical bills not paid by insurer
MEDICAL DIAGNOSTIC & THERAPY, INC. (Mark Hamel), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 01-00327 COCE (54). September 13, 2001. Zebedee W. Wright, Judge. Counsel: Robert G. Nichols, Watson & Lentner, Ft. Lauderdale, for Plaintiff. Brenda Fam, Gregory J. Willis & Associates, for Defendant.
ORDER DENYING DEFENDANT’SMOTION FOR JUDGMENT ON THE PLEADINGS
THIS CAUSE, coming on to be heard upon the Defendant’s Motion for Judgment on the Pleadings, and the Court having been provided with both written and oral argument by each party, and having been otherwise apprised in the premises, it is, therefore,
ORDERED AND ADJUDGED, that the Defendant’s Motion for Judgement on the Pleadings is hereby DENIED based upon the reasoning and authority of Oglesby v. State Farm Insurance Co., 26 FLW D702 (Fla. 5th DCA 2001), where the District Court upheld the validity of an assignment notwithstanding that the insured remained liable for the balance of the medical bills.
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