Parkway General Hospital, Inc. v. Allstate Ins. Co., No. 80-541

CourtCourt of Appeal of Florida (US)
Writing for the CourtBefore HUBBART; FERGUSON
Citation393 So.2d 1171
PartiesPARKWAY GENERAL HOSPITAL, INC., Appellant, v. ALLSTATE INSURANCE COMPANY, Appellee.
Decision Date10 February 1981
Docket NumberNo. 80-541

Page 1171

393 So.2d 1171
PARKWAY GENERAL HOSPITAL, INC., Appellant,
v.
ALLSTATE INSURANCE COMPANY, Appellee.
No. 80-541.
District Court of Appeal of Florida, Third District.
Feb. 10, 1981.

Atkinson, Golden, Bacen and Diner and Stephen F. Bacen, Hollywood, for appellant.

Spencer and Taylor and Arthur H. Taylor, Miami, for appellee.

Before HUBBART, C. J., and DANIEL S. PEARSON and FERGUSON, JJ.

FERGUSON, Judge.

Parkway General Hospital appeals a final order dismissing with prejudice its complaint

Page 1172

against Allstate Insurance Company for payment of hospital bills. We reverse.

Paul Dowd, was injured while a passenger in a vehicle insured by Allstate. Dowd was admitted to Parkway on April 23, 1978, and incurred bills in excess of $65,000. At the time of his admission to the hospital, Dowd and a female companion who gave her name as Debi Dowd, purportedly signed an Agreement of Payment and Assignment of Insurance and Claim Benefits. The assignment authorized the insurer to make direct payment to the hospital of any benefits arising from the insurance policy. Allstate made payment for the hospital bills directly to Paul Dowd through his attorney, Michael Grossman, Esquire. Parkway brought suit against Dowd, his female friend Debi Dowd, Dowd's attorney and Allstate seeking direct payment of the hospital bill.

The complaint, under two separate theories, alleges that Allstate should have made payment directly to Parkway. In Count V Parkway alleges that the hospital is a third party beneficiary under the subject insurance policy. In Count VI Parkway alleges that by virtue of an assignment of insurance benefits the hospital is an assignee in interest of insurance benefits owed the insured.

Allstate was heard on its seven paragraph motion to dismiss Parkway's complaint. In paragraph one of the motion Allstate contends that a provider of medical services does not have a direct cause of action against the insurer of a patient for benefits payable to the patient under no-fault law or under an automobile liability insurance policy. This argument has no application where there is an assignment of benefits by the insured to a third party. Nationwide Mutual Insurance Company v. McNulty, 229 So.2d 585 (Fla.1969); W. Fla. Groc. Co. and H. T. Reddick v. Teutina Fire Ins. Co., 74 Fla. 220, 224, 77 So. 209, 210-11 (1917); Henry v. Halifax Hospital District, 368 So.2d 432 (Fla. 1st DCA 1979).

Allstate's second argument in support of its motion to...

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18 practice notes
  • Susan Fixel, Inc. v. Rosenthal & Rosenthal, Inc., No. 3D02-1139.
    • United States
    • Court of Appeal of Florida (US)
    • 2 Abril 2003
    ...1173 (Fla. 4th DCA 2000); Abrams v. General Ins. Co., 460 So.2d 572 (Fla. 3d DCA 1984); Parkway Gen. Hosp., Inc. v. Allstate, Ins. Co., 393 So.2d 1171 (Fla. 3d DCA Casting the allegations of the Third Amended Complaint in a light most favorable to Fixel, and accepting them as true, the clai......
  • Blue Supply Corp. v. Novos Electro Mech., No. 3D07-1585.
    • United States
    • Court of Appeal of Florida (US)
    • 10 Septiembre 2008
    ...the complaint." (citing Pizzi v. Cent. Bank & Trust Co., 250 So.2d 895, 897 (Fla.1971))); Parkway Gen. Hosp., Inc. v. Allstate Ins. Co., 393 So.2d 1171, 1172 (Fla. 3d DCA 1981); Kest v. Nathanson, 216 So.2d 233, 235 (Fla. 4th DCA 1968); Corbett v. E. Air Lines, Inc., 166 So.2d 196, 203 (Fla......
  • Legare v. Music & Worth Const., Inc., No. BG-472
    • United States
    • Court of Appeal of Florida (US)
    • 3 Abril 1986
    ...Coastline Railroad Company v. Brummitt, 390 So.2d 170 (Fla. 5th DCA 1980); Parkway General Hospital v. Allstate Insurance Company, 393 So.2d 1171 (Fla. 3d DCA 6 Although the trial court does not purport to rely on this rule as a basis for his decision to grant Leon County's motion to dismis......
  • Rishel v. Eastern Airlines, Inc., No. 84-187
    • United States
    • Florida District Court of Appeals
    • 26 Marzo 1985
    ...For this purpose all of the well-pleaded allegations are deemed admitted. Parkway General Hospital, Inc. v. Allstate Insurance Co., 393 So.2d 1171 (Fla. 3d DCA 1981). On the pleadings in this case a cause of action is stated. Whether the action could survive a motion for summary judgment is......
  • Request a trial to view additional results
18 cases
  • Susan Fixel, Inc. v. Rosenthal & Rosenthal, Inc., No. 3D02-1139.
    • United States
    • Court of Appeal of Florida (US)
    • 2 Abril 2003
    ...1173 (Fla. 4th DCA 2000); Abrams v. General Ins. Co., 460 So.2d 572 (Fla. 3d DCA 1984); Parkway Gen. Hosp., Inc. v. Allstate, Ins. Co., 393 So.2d 1171 (Fla. 3d DCA Casting the allegations of the Third Amended Complaint in a light most favorable to Fixel, and accepting them as true, the clai......
  • Blue Supply Corp. v. Novos Electro Mech., No. 3D07-1585.
    • United States
    • Court of Appeal of Florida (US)
    • 10 Septiembre 2008
    ...the complaint." (citing Pizzi v. Cent. Bank & Trust Co., 250 So.2d 895, 897 (Fla.1971))); Parkway Gen. Hosp., Inc. v. Allstate Ins. Co., 393 So.2d 1171, 1172 (Fla. 3d DCA 1981); Kest v. Nathanson, 216 So.2d 233, 235 (Fla. 4th DCA 1968); Corbett v. E. Air Lines, Inc., 166 So.2d 196, 203 (Fla......
  • Legare v. Music & Worth Const., Inc., No. BG-472
    • United States
    • Court of Appeal of Florida (US)
    • 3 Abril 1986
    ...Coastline Railroad Company v. Brummitt, 390 So.2d 170 (Fla. 5th DCA 1980); Parkway General Hospital v. Allstate Insurance Company, 393 So.2d 1171 (Fla. 3d DCA 6 Although the trial court does not purport to rely on this rule as a basis for his decision to grant Leon County's motion to dismis......
  • Rishel v. Eastern Airlines, Inc., No. 84-187
    • United States
    • Florida District Court of Appeals
    • 26 Marzo 1985
    ...For this purpose all of the well-pleaded allegations are deemed admitted. Parkway General Hospital, Inc. v. Allstate Insurance Co., 393 So.2d 1171 (Fla. 3d DCA 1981). On the pleadings in this case a cause of action is stated. Whether the action could survive a motion for summary judgment is......
  • Request a trial to view additional results

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