9 Fla. L. Weekly Supp. 780a
Insurance — Standing — Assignment — Purported assignment was ineffective for failure to obtain written consent of insurer as required clear and unambiguous terms of policy — Insurer’s motion for summary judgment granted
LUTZ CHIROPRACTIC CLINIC, as assignee of Shirley Shrout, Plaintiff, vs. METROPOLITAN GENERAL INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 2001-10677-SC, Div. K. September 27, 2002. Eric R. Myers, Judge. Counsel: Timothy A. Patrick, for Plaintiff. Marc B. Nussbaum, Reynolds & Stowell, St. Petersburg, for Defendant.
ORDER
THIS CAUSE having come on for hearing on Defendant’s Motion For Summary Judgment and Motion To Strike Plaintiff’s Claim For Attorney’s Fees, on September 17, 2002, and the Court being fully advised in the premises, it is hereby,
ORDERED and ADJUDGED that Defendant’s Motion is Granted. The court finds that the purported assignment herein was ineffective in that the insured did not obtain prior written consent from the insurer as was required by the terms and conditions of the policy. Further, the language contained within the policy of insurance stating “no change of interest in this policy is effective unless we consent in writing by means of endorsement to this policy” is clear and unambiguous and prohibits the insured from executing an assignment of benefits without the written consent of the insurer by written endorsement to the policy.
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