11 Fla. L. Weekly Supp. 748d
Insurance — Personal injury protection — HCFA form submitted by provider was improperly signed by referring physician instead of physician or supplier who furnished treatment and, accordingly, insurer was not notified of a covered loss
MOBILE DIAGNOSTIC IMAGING LLC, (Destine) vs. PROGRESSIVE EXPRESS INS. CO. County Court, 17th Judicial Circuit in and for Broward County. Case No. 02-25581COCE (56). May 25, 2004. Linda R. Pratt, Judge.
ORDER ON MOTION FOR SUMMARY JUDGEMENT
THIS CAUSE having come on to be heard on Defendant’s Progressive Insurance Co’s amended 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. Plaintiff has failed to comply with F.S. 627.736(5)(3) (2002), applicable to this case, in that 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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