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Hartford Insurance Company of the Midwest v. O'Connor9/12/2003
d that an insured lacks standing to maintain a direct action against an insurer when the insured assigns his rights under the insured's contract to a medical provider. See Oglesby v. State Farm Mut. Auto. Ins. Co., 781 So.2d 469 (Fla. 5th DCA 2001). However, none of the cases cited by Hartford address the issue raised in this case relating to the effect of a claimed mutual revocation of an assignment agreement. Instead, the cases cited by Hartford deal with situations where one party to the contract attempts to unilaterally rescind the assignment. In Livingston v. State Farm Mut. Auto. Ins. Co., 774 So.2d 716 (Fla. 2d DCA 2000) the Second District noted:
The Fifth District has held that an unqualified assignment transfers to the assignee all the interest of the assignor under the assigned contract, and that the assignor has no right to make any claim on the contract once the assignment is complete, unless authorized to do so by the assignee.
774 So.2d at 718 (emphasis added).
Since the record reflects that a material issue of fact exists as to whether the parties mutually rescinded the assignment contract, the summary judgment was improperly granted by the county court. As such, the circuit court properly reversed said order.
PETITION DENIED.
GRIFFIN and THOMPSON, JJ., concur.
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