9 Fla. L. Weekly Supp. 399a
Insurance — Personal injury protection — Standing — Assignment — Revocation — Summary judgment based on medical provider’s lack of standing granted where insured signed assignment of benefits and document revoking assignment on same date
CAMBER COMPANIES SOUTHEAST, LLC, as assignee of Jamie Vargas, Plaintiff, vs. NATIONAL INSURANCE ASSOCIATION, A RECIPROCAL, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 2000-22782-CC-J. February 1, 2002. Paul L. Huey, Judge. Counsel: Robert P. Kelly. Alexander Billias.
SUMMARY JUDGMENT FOR NATIONAL INSURANCEASSOCIATION, A RECIPROCAL
THIS CAUSE came to be heard on January 24, 2002, on Defendant’s Motion for Summary Judgment and the Court, having considered the pleadings, memoranda and appropriate case law, and having heard argument of counsel, makes the following findings:
1) On June 19, 2000, the Insured, Jamie Vargas, executed an “Assignment of Benefits” in favor of Plaintiff, Camber Companies Southeast, LLC. On that same date, Jamie Vargas also executed an “Appointment As Agent In Fact With Power of Attorney” in favor of Plaintiff, Camber Companies Southeast, LLC. The Appointment stated, in part, “I hereby revoke, rescind and withdraw any and all assignments heretofore executed in favor of the above medical care provider”.
2) Defendant’s Motion for Summary Judgment alleges that Plaintiff does not have standing to bring this action due to the two inconsistent documents signed by the Insured.
3) Defendant has presented to the Court two county court cases dealing with a similar scenario, OGD Diagnostic Rehabilitation Services, Inc. and U.S. Health Center, Inc. v. Allstate Insurance Company, 6. F.L.W. Supp. 725, August 13, 1999, and Florida MCI (Rene Belidor) v. State Farm Mutual Automobile Insurance Company, 8. F.L.W. Supp. 398, February 27, 2001. In both cases, the Insured signed an Assignment of Benefits and a second document which revoked that assignment on the same date. The effect of such documents canceled each other out and made both a nullity. Although these cases are not binding precedent, this Court finds them to be persuasive.
Based upon the foregoing, it is hereby
ORDERED AND ADJUDGED that Defendant’s Motion for Summary Judgment is GRANTED as Plaintiff does not have standing to bring this action. A Summary Final Judgment is hereby entered in favor of Defendant, NATIONAL INSURANCE ASSOCIATION, A RECIPROCAL, and that Defendant shall go hence without day.
* * *
