11 Fla. L. Weekly Supp. 849a
Insurance — Personal injury protection — Claim form — Countersignature by insured — Assigned claim — Failure of insured to countersign claim forms is not valid affirmative defense under Florida PIP statute
ORTHOPAEDIC CENTER OF SOUTH FLORIDA, P.A., as assignee of Fnu Luciana, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 03-19652 COCE (55). June 30, 2004. Jerry Pollock, Judge. Counsel: Cris Evan Boyar, for Plaintiff. Emilio Stillo, for Defendant.
ORDER
THIS CAUSE having come to be heard on Plaintiff’s Motion for Partial Summary Judgment and the Court having heard argument of counsel, and being other advised in the Premises, it is hereupon ORDERED AND ADJUDGED as follows.
1. The Plaintiff filed a PIP suit against the Defendant pursuant to an assignment of benefits. The Defendant filed an answer and affirmative defenses.
2. The Plaintiff seeks partial Summary Judgment as to the second affirmative defense wherein the Defendant alleges the Plaintiff violated Florida Statute §627.736(5)(a) because the patient did not countersign the health insurance claim forms. As a result, the Defendant alleges it is not responsible for the bills at issue.
4. The Court finds, pursuant to Florida law, this is not a valid affirmative defense and grants Plaintiff’s Motion for Partial Summary Judgment as to the Defendant’s second affirmative defense.
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