9 Fla. L. Weekly Supp. 117a
Insurance — Personal injury protection — Assignment — Exhaustion of benefits — Insurer is not liable under insurance contract for unpaid medical bills of assignee/healthcare provider where insurer had paid out full amount of benefits under contract when assignee filed suit for unpaid bills — Assignee under an insurance contract can receive no greater rights than assignor had under said contract
DAVID W. DARROW, D.C., P.A., d/b/a DARROW FAMILY CHIROPRACTIC, (Ramona Ash), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 01-SC-454-19-F. November 14, 2001. Mark E. Herr, Judge. Counsel: Harley Kane, Kane & Kane, P.A., for Plaintiff. Kendrick J. Blackwell, Adams, Blackwell & Diaco, P.A., Tampa, for Defendant.
ORDER ON DEFENDANT’S MOTION FORSUMMARY JUDGMENT
THIS CAUSE having come before the Court at a hearing at 8:30 a.m., on October 25, 2001, an Defendant’s Motion for Summary Judgment, and the Court having reviewed all record evidence, having heard argument of counsel, and being otherwise fully advised in the premises, makes the following
FINDINGS OF FACT:
1. The plaintiff in this matter, DAVID W. DARROW, D.C., P.A., d/b/a DARROW FAMILY CHIROPRACTIC, is a healthcare provider which rendered treatment to Ramona Ash for injuries she allegedly sustained in a motor vehicle accident which occurred on June 23, 2000.
2. At the time of the accident, Ramona Ash was covered by a policy of insurance issued by Defendant which provided $10,000.00 in PIP benefits with no medical payments coverage and no deductible.
3. Ramona Ash assigned her benefits under the above-referenced policy to Plaintiff.
4. Based upon the assignment, plaintiff subsequently filed suit against Defendant for unpaid bills.
5. The lawsuit was filed on February 26, 2001.
6. The PIP benefits were exhausted on February 16, 2001.
7. The assignee under an insurance contract can receive no greater rights than the assignor had under said contract.
8. The assignor in this case, Ramona Ash, contracted for $10,000.00 in PIP benefits and Defendant paid out the full amount under the contract.
9. Defendant is thus relieved of any further liability under the contract.
IT IS THEREFORE ORDERED AND ADJUDGED that:
1. Defendant’s Motion for Summary Judgment is hereby GRANTED.
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