9 Fla. L. Weekly Supp. 51b

Insurance — Dispute between medical provider and insurer — Standing — Assignment — Document is insufficient to constitute valid assignment, but instead is a direction to pay — Motion for summary judgment granted

ADVANCED ORTHOPEDIC & SPORTS MEDICINE, on behalf of Roy Martinez, Plaintiff, vs. METROPOLITAN GENERAL INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pasco County, Civil Division. Case No. 01-1020SP, Division W. October 30, 2001. Marc Salton, Judge. Counsel: Andrew D. Reeder, Reynolds & Stowell, St. Petersburg. Amy G. Cohen.

ORDER ON DEFENDANT’S MOTION FOR SUMMARYJUDGMENT, AND DEFENDANT’S MOTION TOSTRIKE PLAINTIFF’S CLAIMFOR ATTORNEY’S FEES

THIS CAUSE having come on for hearing on October 12, 2001 for Defendant’s Motion for Summary Judgment, and Defendant’s Motion to Strike Plaintiff’s Claim for Attorney’s Fees, and the Court being fully advised in the premises, it is hereby,

ORDERED and ADJUDGED that Defendant’s Motion for Summary Judgment is GRANTED. The language of the document attached to Plaintiff’s Complaint states,

“ASSIGNMENT OF BENEFITS: I hereby assign payment directly to the physician(s) accepting this assignment of medical benefits applicable and otherwise payable to me but not to exceed the physician’s regular charges.”

The language of this document is insufficient to constitute a valid assignment, but instead is a direction to pay.

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FINAL JUDGMENT

THIS CAUSE having come before the Court on the Defendant’s Motion for Summary Judgment on October 12, 2001, and the Court having granted Summary Judgment in favor of the Defendant, it is hereby

ORDERED and ADJUDGED that the Plaintiff, ADVANCED ORTHOPEDIC & SPORTS MEDICINE, on behalf of Roy Martinez, take nothing by this action and that the Defendant, METROPOLITAN GENERAL INSURANCE COMPANY, shall go hence without day.

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