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MCM SUPPLY, INC., as assignee of Camille Parker, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

11 Fla. L. Weekly Supp. 829c

Insurance — Personal injury protection — Medical bills — Delay in payment — Statute tolls time for payment of bills when insurer has made timely request for prescription — Insurer may make such request separate from sworn statement that services rendered were reasonable and necessary

MCM SUPPLY, INC., as assignee of Camille Parker, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. CCO-01-11091. June 15, 2004. Leon B. Cheek, III, Judge. Counsel: George Milev, Adams, Blackwell & Diaco, P.A., Tampa. Peter Hagood.

ORDER

THIS CAUSE having come before the Court on June 3, 2004 on Defendant’s Motion for Sanctions Pursuant to F.S. 57.105, and the Court having heard arguments by counsels for Plaintiff and Defendant and otherwise being fully advised in the premises, it is hereby

ORDERED AND ADJUDGED that

1. The Court reserves ruling on Defendant’s Motion for Sanctions Pursuant to F.S. 57.105.

2. §627.736(6)(b), Fla. Stat. tolls the time for payment of provider’s bill when insurer has made a timely request for patient’s prescription pursuant to that section.

3. Insurer can request documents or information from medical provider pursuant to §627.736(6)(b) Fla. Stat. separate from a sworn statement that the treatment or services rendered were reasonable and necessary.

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