10 Fla. L. Weekly Supp. 731b
Insurance — Coverage — Denial — Examination under oath — Dispute between medical provider and insurer — Medical provider which accepted assignment from insured was not required to submit to EUO
ADVANCED DIAGNOSTIC TESTING, INC., As assignee of Jose Alvarez, Plaintiff, v. STATE FARM FIRE AND CASUALTY CO., Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 01-9084 SP 25 (1). October 21, 2002. Wendell M. Graham, Judge. Counsel: Lewis J. Mertz, Jr., Mario S. Profeta & Associates, P.A., for Plaintiff. James P. Murphy, Green, Murphy, Wilke, Murphy, & Spellacy, for Defendant.
ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
This cause came on to be heard June 24, 2002, upon Defendant’s motion for summary judgment. After hearing argument of counsel and being otherwise fully advised in the premises, the court makes the following findings of fact and conclusions of law:
The health care provider accepted an assignment of benefits. The insurer sought to take and examination under oath of the health care provider, under the theory that the provider stands in the shoes of insured if the provider takes and assignment and accordingly, must submit to an examination under oath just as the insured must under the terms of the policy of insurance. This court does not accept the reasoning of the Defendant. The Defendant may seek discovery, including a deposition, by following F.S. sec 727.736. Accordingly, Defendant’s motion for summary judgment is DENIED.
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