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Simply Claiming to Have an Assignment is Enough to Pursue Recovery Under an Assigned-Claim Theory
While Bates is an unpublished opinion and therefore not binding authority, the Court of Appeals reaffirmed that while providers do not have an independent statutory right to a direct cause of action against insurers, all that is required is the simple claim of an assignment and leave will be freely given to allow providers to amend their pleadings to add an assignment theory.
As the dissent points out, as KOL failed to ever move the trial court to amend its Complaint or to file supplemental pleadings, it appears clear here that the Court is going above and beyond to step into the shoes of the litigants and pursue the proper procedural remedy on its behalf.
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