8 Fla. L. Weekly Supp. 200b
Insurance — Personal injury protection — Assignment — Motion to dismiss and/or motion for summary judgment denied in action brought by assignee against insurer — Language of document entitled “Assignment of Benefits” acts both as assignment of benefits, and as authorization to pay assignee directly
SAPIEN DIAGNOSTICS, INC. d/b/a SAPIEN HEALTH NETWORK as assignee of TRAVIS KERBO, Plaintiff, vs. METROPOLITANPROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Civil Division. Case No. 2000-17245-SC J. December 13, 2000. Counsel: Carl J. Ohall, Alfonso & Ohall, P.A., Tampa, for Plaintiff. Reynolds & Stowell, P.A.
ORDER ON DEFENDANT’S MOTION TO DISMISS AND/ORMOTION FOR SUMMARY JUDGMENT
THIS CAUSE came on for hearing upon the Defendant’s Motion to Dismiss or in the Alternative Motion for Summary Judgment, and the Court, taking into consideration the same, argument of counsel, the court file, and being otherwise fully advised in the premises, has the following findings of fact:
1. The assignor, Travis Kerbo, signed a document entitled, “Assignment of Benefits,” which was attached to the Complaint and the Defendant’s Motion.
2. The pertinent language of that document is:
“I, Travis Kerbo, hereby assign benefits under my insurance policy with my insurance company and otherwise payable to me, but not to exceed the health care provider’s charges, to Sapien Health Network (sic) authorize and direct that payment for covered services be made by my insurer to Sapien Health Network. I understand that I am financially responsible to the clinic for all charges whether or not covered by my insurance coverage. In the event of financial hardship ensuing, preventing payments arrangements will be made at the discretion of Kevin Cooper, D.C.”
Based upon the forgoing language, this Court hereby Orders and Adjudges as follows:
3. The language of that document acts both as an assignment of benefits, and as an authorization to pay SAPIEN HEALTH NETWORK directly.
4. Accordingly, the Defendant’s Motion to Dismiss/Motion for Summary Judgment is hereby DENIED.
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