8 Fla. L. Weekly Supp. 738a
Insurance — Standing — Amended complaint against insurer dismissed for lack of standing where attachment to complaint purports to assign benefits under insurance contract to a company other than the plaintiff
REGIONAL DIAGNOSTICS, L.L.C., as assignee of Thelma Thorne, Plaintiff, vs. METROPOLITAN GENERAL INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 2001-1866-SC-Div. I. July 24, 2001. Charlotte W. Anderson, Judge. Counsel: Gale L. Young, Reynolds & Stowell, St. Petersburg. Rebecca L. Falcon.
ORDER DEFENDANT’S MOTION TO DISMISS AMENDEDCOMPLAINT AND MOTION TO STRIKE COUNT II
THIS CAUSE having come on for hearing on June 11, 2001, on Defendant’s Motion to Dismiss Amended Complaint And Motion to Strike Count II, and the Court being fully advised in the premises, it is hereby,
ORDERED and ADJUDGED that Defendant’s Motion to Dismiss the Amended Complaint is GRANTED. Having reviewed Plaintiff’s Amended Complaint, and the incorporated attachment, the Court finds that Regional Diagnostics, L.L.C. has no standing to proceed in an action against Defendant where the attachment purports to assign the benefits under the contract to Camber Companies Southeast, L.L.C. Plaintiff’s Amended Complaint is dismissed with leave to amend within ten (10) days of the date of this Order. Defendant shall then have ten (10) days to file a responsive pleading. Defendant’s Motion to Strike Count II is moot.
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