United Automobile Insurance Company v. Exanne Zulma

Cecelia Watkins Livingston appeals a final summary judgment entered in favor of State Farm Mutual Automobile Insurance Company ("State Farm") in county court. The county court certified a question to this court and we accepted jurisdiction. See Fla. R. App. P. 9.160. We affirm the summary judgment. As a general rule, if an insured has assigned her right to receive personal injury protection (PIP) benefits to a health care provider, the insured may not file a lawsuit to collect the assigned benefits. The insured would only have a claim to pursue against the insurance company if the health care provider were permitted to rescind the assignment.