9 Fla. L. Weekly Supp. 402d
Insurance — Personal injury protection — Standing — Assignment — Motion to dismiss denied where insurer has failed to establish any terms in contract itself forbidding assignment, or that assignment dated more than one year after last date of service violates some rule of public policy or statute
NORTHWEST BROWARD ORTHOPAEDIC ASSOCIATES, (a/a/o Wendy Resnick), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 01-018626 COCE (54). April 2, 2002. Zebedee W. Wright, Judge. Counsel: Cris Boyar, for Plaintiff. Suzanne T. Rosen, for Defendant.
ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGEMENT
This CAUSE having come before this Court on April 2, 2002 on the Defendant’s, PROGRESSIVE EXPRESS INSURANCE COMPANY’s (hereinafter as “PROGRESSIVE”), Motion to Dismiss and this Court having considered the pleadings, evidence of record and argument of counsel, the Court finds as follows:
1. The Plaintiff filed a PIP lawsuit against the Defendant due to alleged reductions and non-payments for dates of service from June 24, 1999 until April 19, 2000.
2. The Plaintiff attached an Assignment of Benefits to the Complaint. Said Assignment of Benefits is signed by the patient and dated 5/31/01.
3. The Defendant filed a Motion to Dismiss on the grounds the Assignment of Benefits is not valid because it is dated more than one year after the last date of service.
4. The Court hereby denies the Defendant’s motion as “Florida has neither established formal requirements for, nor defined the specific language necessary to, constitute or create an assignment of benefits….An assignment is a transfer or setting over of property, or of some right or interest therein, from one person to another. Generally, contact rights can be assigned unless forbidden by the terms of the contract itself, or unless the assignment would violate some rule of public policy, a statute, or the contract rights involve obligations of a personal nature.” Allstate Insurance Co. v. BMW Enterprises Inc., 9 Fla. L. Weekly Supp. 95a (Fla. Broward Cir. Court). “It is the act by which one person transfers to another, or cause to vest in another, his right of property or interest therein.” USAA Casualty Insurance Co. v. Michael Romm, 712 So.2d 405 (Fla. 4th DCA 1998). See Oglesby v. State Farm Mutual Auto. Insurance Co., 781 So.2d 469 (Fla. 5th DCA 2001) (where the Court addressed the reassignment of medical benefits).
5. Progressive has failed to establish any forbidden terms in the contract itself or that the assignment in this case violates some rule of public policy or Florida Statute. The Defendant has failed to provide this Court with any reason or any evidence to explain why an insured’s PIP benefits in this case cannot be assigned one year after the last date of service.
6. Furthermore, the Defendant is not prejudiced as the insured in this case has waived her right to pursue this claim for medical expenses against Progressive and the Plaintiff medical provider now owns the cause of action. See Oglesby v. State Farm Mutual Auto. Insurance Co., 781 So.2d 469 (Fla. 5th DCA 2001).
7. Accordingly, the Defendant’s Motion is hereby denied and the Defendant has 15 days to file an Answer.
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