Effective litigators don't just know the law. They know the courts. It's the fundamental philosophy that has guided this firm since day one.
With offices strategically located throughout Alabama and the I-10 Gulf Coast corridor from Gulfport, Mississippi to Tallahassee, Florida, and north to our Chattanooga, Tennessee office, Carr Allison offers the kind of confident legal representation that only comes from firsthand experience. We have accumulated decades of closely cultivated relationships at the local level, wherever our clients' interests lie.
Medical Providers Assignment for Third-Party Liability Insurance Proceeds is Unenforceable
Action Chiropractic Clinic v. Prentice Delon Hyler,
2014 Tenn. App. LEXIS 73 (Tenn. Ct. App. Feb. 12, 2014)
On October 24, 2011, William Burnette crashed his vehicle into Prentice Hyler. Burnette was insured by Erie Insurance Exchange. Hyler was injured in the accident and received medical treatment from Action Chiropractic Clinic. In exchange for the medical treatment, Hyler executed an assignment of rights to Action Chiropractic for medical expenses allowable and payable to Hyler from any “…auto insurance or any other party involved.” Erie/Burnette settled with Hyler for $8,510 and Hyler executed a release of all claims. Action Chiropractic then sent the assignment to Erie and demanded that Erie reimburse Action Chiropractic for $5,010 in outstanding medical bills. Erie refused and Action Chiropractic sued.
The Court, in affirming the dismissal of Action Chiropractic’s case, holds that the assignment between Hyler and Action Chiropractic could not be enforceable against Erie under Tennessee Code Annotated § 56-7-120 since Hyler was not within the category of individuals covered under Erie’s insurance policy. Moreover, while Hyler had a common law right to assign his “rights” to Action Chiropractic, Erie was not obligated to honor the assignment because Hyler did not have any “rights” under the Erie insurance policy that could be assigned to action and subsequently enforced.
Sean W. Martin, is a shareholder in the Chattanooga, Tennessee office of Carr Allison. Sean can be reached at email@example.com or (423) 648-9834.
February 18, 2014 - Justin W. Parsons of the firm's Mobile, Alabama office recently obtained summary judgment on behalf of a property management company for condominium associations and its owner in the Circuit Court of Baldwin County, Alabama. The plaintiff, a bookkeeping firm for condominium associations, asserted claims of intentional interference with contractual relationships and civil conspiracy when multiple contracts it had with various condominium associations were cancelled. The plaintiff blamed the cancellation of its contracts on the company. Mr. Parsons argued that the plaintiff failed to present substantial evidence to present its claim to a jury and that his clients were agents of the condominium associations which the plaintiff had contracts with so he could not be liable for intentional interference with contractual relationships under Alabama law. The trial court agreed, and summary judgment was granted.
BIRMINGHAM, AL -- February 4, 2014 -- Carr Allison recently named three attorneys as shareholders to the firm. Justin I. Hale is located in the firm’s Birmingham office, Justin W. Parsons practices in Mobile, and Matthew S. Scanlan practices out of the Tallahassee office of Carr Allison.
Mr. Hale’s litigation practice is focused on the defense of personal injury, premises liability, product liability, transportation, and workers’ compensation matters. Mr. Hale earned his B.S. in History from Samford University and his J.D. from Cumberland School of Law at Samford University.
Mr. Parsons is a member of the firm’s Litigation Practice Group where he concentrates on insurance defense, labor and employment matters, and product and professional liability cases. Mr. Parsons is a graduate of the University of North Alabama where we earned his undergraduate degree. He received his law degree from the University of Alabama.
Mr. Scanlan practices in a variety of areas including appellate advocacy, health care, condominium and community associations, and transportation litigation. Mr. Scanlan received his Bachelor’s degree from Florida State University and Juris Doctorate, cum laude, from Florida State University College of Law.