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Medical provider failed to attach ‘Assignment of Benefits Form’ to statement of claim
Progressive Express Insurance Company v .McGrath Community Chiropractic
(Fla. App., 2nd Dist., Nov. 18, 2005)A medical provider filed a small claims action against insurer, seeking to recover PIP benefits assigned to it by the insured. Six months later, the provider amended its claim by attaching an “Assignment of Benefits Form.” The insurer moved for summary judgment on the ground that the provider did not have standing to assert the claim when it filed the action. The trial court agreed, and dismissed the complaint. On appeal, the circuit court reversed. The insurer filed a petition for writ of certiorari. The district court granted the insurer’s petition and quashed the circuit court’s decision. In so ruling, the court found that the “relation back” rule did not apply and that the circuit court’s decision resulted in a miscarriage of justice.

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