11 Fla. L. Weekly Supp. 1092b
Insurance — Personal injury protection — Coverage — Notice of claim — Where HCFA-1500 form was signed by referring physician as opposed to MRI company which provided services, provider failed to comply with statute, and insurer was not notified of covered loss
MOBILE DIAGNOSTIC IMAGING, LLC, (a/a/o Ana Plummer), Plaintiff(s), vs. PROGRESSIVE AUTO PRO INSURANCE COMPANY, Defendant(s). County Court, 17th Judicial Circuit in and for Broward County. Case No. 03-02664 (49). September 7, 2004. Kathleen D. Ireland, Judge. Counsel: Carolyn N. Budnik, Johnson, Leiter & Belsky, Ft. Lauderdale. Steven Lander.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE having come on to be heard on Defendant’s Progressive Auto Pro Insurance Company’s Motion for Summary Judgment and the Court having heard argument of counsel, and being otherwise advised in the Premises, it is hereupon,
ORDERED AND ADJUDGED that said Motion be, and the same is hereby GRANTED. The Court finds that there is no dispute of fact, and Defendant is entitled to judgment as a matter of law. The Court finds that Box 31 of the HCFA-1500 form was signed by the referring physician as opposed to the Plaintiff MRI company, the provider of the services. The Court finds as a matter of law Plaintiff has failed to comply with F.S. 627.736(5)(e) (2002), applicable to this case, in that Box 31 of the HCFA form submitted by Plaintiff was improperly signed by the referring physician instead of the physician or supplier who furnished the treatment, and as such Defendant was not notified of a covered loss.
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