33 Fla. L. Weekly D166a
Insurance — Personal injury protection — PIP payout log — Circuit court, acting in its appellate capacity, applied incorrect law by finding that section 627.736(6)(d), Florida Statutes (2003), requires an insurer to provide its PIP payout log to an insured or the insured’s assignee
GEICO GENERAL INSURANCE COMPANY, Petitioner, v. FLORIDA EMERGENCY PHYSICIANS, ET AL., Respondent. 5th District. Case No. 5D07-716. Opinion filed January 4, 2008. Petition for Certiorari Review of Decision from the Circuit Court for Seminole County Acting in its Appellate Capacity. Counsel: Karissa L. Owens and Jennings L. Hurt, III, of Rissman, Barrett, Hurt, Hurt, Donahue & McLain, P.A., Orlando, for Petitioner. Kevin B. Weiss of Weiss Legal Group, P.A., Maitland, for Respondent.
(PER CURIAM.) The circuit court’s conclusion that Florida Emergency Physicians “is entitled to the PIP1 log” constitutes a departure from the essential requirements of the law. GEICO Gen. Ins. Co. v. Fla. Emergency Physicians, No. 5D07-626 (Fla. 5th DCA Dec. 6, 2007) [33 Fla. L. Weekly D35b]. Accordingly, we grant the petition and quash the lower court’s order. See S. Group Indem., Inc. v. Humanitary Health Care, Inc., 32 Fla. L. Weekly D1396 (Fla. 3d DCA May 30, 2007) (“Section 627.736 does not provide for nor address the insured’s right to access documents prepared internally by the insurer. As the insurer’s PIP payout log is a document generated by the insurer and is not a document the insurer obtained pursuant to section 627.736(6), we conclude that the circuit court, acting in its appellate capacity, applied the incorrect law by finding that (1) section 627.736(6)(d), Florida Statutes (2003) requires an insurer to provide its PIP payout log to an insured or the insured’s assignee, presuit . . . .”).
PETITION GRANTED; ORDER QUASHED. (SAWAYA, MONACO and TORPY, JJ., concur.)
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1“PIP” is an acronym commonly used to refer to personal injury protection automobile insurance coverage.
