10 Fla. L. Weekly Supp. 200b
Insurance — Dispute between medical provider and insurer — Count of medical provider’s complaint for nonpayment of reasonable and necessary charges is stricken in absence of insurance contract
SUNCOAST SPINAL MEDICAL & REHAB CENTERS, INC., on behalf of Iphigenia Splinis, Plaintiff, vs. STATE FARM GENERAL INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County, Small Claims Division. Case No. 02-004726-SC-NPC. January 10, 2003. William B. Blackwood, Jr., Judge. Counsel: Gale L. Young, Gale L. Young, P.A., Tampa. R. Stanley Gipe.
ORDER ON DEFENDANT’S MOTION TO DISMISS OR STRIKE COUNT II OF PLAINTIFF’S COMPLAINT
THIS CAUSE, having come on before this Court on December 10, 2002, upon the Defendant’s Motion To Dismiss Or Strike Count II of Plaintiff’s Complaint, and the Court having heard argument of counsel for the respective parties, and being otherwise duly advised in the premises, it is thereupon
ORDERED AND ADJUDGED that Defendant’s said Motion To Dismiss Or Strike Count II of Plaintiff’s Complaint is hereby GRANTED. Absent a contract of insurance, Plaintiff would have no cause of action under Florida Statutes, Section 627.736 against the Defendant/Insurance Company. Count II (Violation Of Florida Statute Section 627.736(5) — Non-Payment Of Reasonable And Necessary Charges) of the Plaintiff’s Complaint is stricken in its entirety. Plaintiff is granted leave to amend Count I within thirty (30) days of the date of this Agreed Order.
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