9 Fla. L. Weekly Supp. 127a
Insurance — Dispute between medical provider and insurer — Motion for summary judgment denied where insurer failed to plead affirmative defenses covering grounds for motion — Insured who executed assignment of benefits had no standing to settle benefits owed by insurer to provider
DR. ABRAHAM K. KOHL, d/b/a KOHL CHIROPRACTIC (Debra Maddron), Plaintiff, v. PROGRESSIVE CONSUMERS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 00-12018 COCE 54. December 12, 2001. Zebedee W. Wright, Judge. Counsel: Robert G. Nichols, Watson & Lentner, Fort Lauderdale, for Plaintiff. Kendrick J. Blackwell, Adams, Blackwell & Diaco, P.A., for Defendant.
ORDER DENYING DEFENDANT’S MOTION FORSUMMARY JUDGMENT
THIS CAUSE coming on to be heard upon the Defendant’s Motion for Summary Judgment, and the Court having considered the arguments and written responses of each party, and being otherwise fully apprised in the premises, it is, therefore,
ORDERED AND ADJUDGED that:
Defendant’s Motion for Summary Judgment is hereby DENIED because:
1) Defendant failed to plead any affirmative defenses covering the grounds for his Motion for Summary Judgment, and therefore those issues are not properly before this Court and cannot form the basis for a Motion for Summary Judgment; and,
2) The patient/insured executed an assignment of benefits for the medical provider/Plaintiff, and therefore had no standing to “settle” the benefits owed by the defendant to the medical provider/Plaintiff.
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