9 Fla. L. Weekly Supp. 131c
Insurance — Dispute between medical provider and insurer — Standing — Assignment — Patient information form is not legally sufficient assignment — Insurer’s motions for summary judgment and to strike attorney’s fees claim granted
FRANCISCO M. GOMEZ, M.D., P.A., (As assignee of Jose Pereira), Plaintiff, v. METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, d/b/a METLIFE AUTO & HOME, Defendant. Circuit Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 00-9805-SC, Div. J. December 6, 2001. Gaston J. Fernandez, Judge. Counsel: Gale L. Young, Reynolds & Stowell, St. Petersburg. Meena M. Lopez.
ORDER ON DEFENDANT’S AMENDED MOTION FORSUMMARY JUDGMENT, AND DEFENDANT’S MOTIONTO STRIKE PLAINTIFF’S CLAIM FOR ATTORNEY’S FEES
THIS CAUSE having come on for hearing on August 17, 2001 and continued on November 26, 2001, for Defendant’s Amended 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 Amended Motion for Summary Judgment is GRANTED. The document entitled “Patient Information Form” specifically states:
“I understand and agree that (regardless of my insurance status), I am ultimately responsible for the balance of my account for any professional services rendered. I have read all the information on both sides of this sheet and have completed the above answers. I certify this information is true and correct to the best of my knowledge. I will notify you of any changes in my health status or the above information.
I hereby authorize Francisco M. Gomez, M.D., P.A. to furnish information to Insurance carriers concerning my illness and treatments and I hereby assign to the physician payments for medical services rendered to myself or my dependents.
Should it be necessary to collect on this account by an Attorney, I hereby agree to pay all costs of such collection, including a reasonable Attorney’s fee, whether suit be brought or not. Protest is waived.”
This document is not a legally sufficient assignment. As such, Plaintiff has no standing to pursue this cause of action against Defendant. Since Plaintiff has no standing, Plaintiff has no right to state a claim for attorney’s fees. Defendant’s Motion to Strike Plaintiff’s Claim for Attorney’s Fees is GRANTED.
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FINAL JUDGMENT
THIS CAUSE having come before the Court on August 17, 2001, and continued on November 26, 2001, for Defendant’s Amended Motion for Summary Judgment and Defendant’s Motion to Strike Plaintiff’s Claim for Attorney’s Fees, and the Court having granted Summary Judgment in favor of the Defendant, it is hereby,
ORDERED and ADJUDGED that Plaintiff, Francisco M. Gomez, M.D., P.A., (As assignee of Jose Pereira), take nothing by this action and that the Defendant, Metropolitan Property and Casualty Insurance Company, d/b/a Metlife Auto & Home, shall go hence without day.
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