11 Fla. L. Weekly Supp. 650b
Insurance — Personal injury protection — Venue — Forum non conveniens — Where PIP policy was issued in Tampa, bills indicate all treatment was rendered in Tampa, insured lives and accident occurred in Tampa, and actions by insurer on claim were handled out of Tampa office, motion to transfer venue from Orange County to Hillsborough County is granted
MUSCULOSKELETAL INSTITUTE, CHARTERED, d/b/a FLORIDA ORTHOPAEDIC INSTITUTE, as assignee of Nancy Klotz, Plaintiff, vs. PROGRESSIVE CASUALTY INSURANCE COMPANY and PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County, Civil Division. Case No. SCO-03-9140. May 5, 2004. Wayne J. Shoemaker, Judge. Counsel: Abigail M. McCracken. Andrew D. Reeder, Reynolds & Stowell, St. Petersburg.
ORDER ON DEFENDANT’S MOTION TO TRANSFER VENUE FOR FORUM NON CONVENIENS
THIS CAUSE having come on for hearing on April 21, 2004, on Defendant’s Motion to Transfer Venue for Forum Non Conveniens, and the Court being fully advised in the premises, finds as follows:
STIPULATED FACTS
1. Plaintiff filed the Complaint in the above captioned case in Orange County.
2. At the time of the accident, Nancy Klotz was the driver of a motor vehicle that was insured by a policy of insurance issued by Progressive Insurance Company.
3. Defendant issued the policy of insurance to Nancy Klotz in Tampa, Hillsborough County, Florida.
4. All bills Progressive received from Plaintiff indicate that treatment was rendered to Nancy Klotz in Tampa, Florida.
5. According to the bills and PIP application Progressive received from Plaintiff, Nancy Klotz lives in Tampa, Hillsborough County, Florida.
6. The accident occurred in Tampa, Hillsborough County, Florida.
7. Matthew Rowden, Progressive’s representative with the most knowledge of this file, works in Hillsborough County.
8. All actions taken in reference to the PIP claim of Nancy Klotz prior to this lawsuit being filed were handled out of Progressive’s office in Tampa, Hillsborough County, Florida and this file was not handled or adjusted by any PIP claim adjuster in Orange County, Florida.
It is therefore, ORDERED and ADJUDGED that Defendant’s Motion is GRANTED. Defendant shall pay the costs associated with transferring this case to Hillsborough County, Florida.
* * *
