9 Fla. L. Weekly Supp. 705b
Insurance — Assignment — Failure to comply with procedure set forth in insurance contract
TURNER ORTHOPAEDIC & INJURY CENTER, INC., as assignee of CHRISTOPHER MORROW, Plaintiff, vs. METROPOLITAN PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County. Case No. 01-008925-CO-039. August 5, 2002. Walt Fullerton, Judge. Counsel: William K. Saron, St. Petersburg, for Plaintiff. Gail L. Young, St. Petersburg, for Defendant.
ORDER GRANTING SUMMARYJUDGMENT FOR DEFENDANT
Defendant’s, METROPOLITAN PROPERTY & CASUALTY INSURANCE COMPANY, motion for summary judgment came before the Court for hearing on July 24, 2002. After considering thorough and well prepared argument of counsel the Court took the matter under advisement in order to study the citations of authority.
The Court now finds that because the contract upon which suit is brought specifically prohibits assignment without written consent of the Defendant and because the contract upon which suit is brought provides for a specific procedure for assignment, with neither of which the insured/claimant complied in his purported assignment, this Plaintiff, TURNER ORTHOPAEDIC & INJURY CENTER, INC., lacks standing to bring the action. As a result, the motion is granted.
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