11 Fla. L. Weekly Supp. 61b
Insurance — Personal injury protection — Insurer breached contract with insured by failing to provide insured with written explanation of benefits as required by statute — Provider/assignee was required to institute action to compel compliance with this statutory provision — Plaintiff, as prevailing party, is entitled to attorney’s fees
STAT TECHNOLOGIES, INC., a Florida corporation, Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 02-001641 COSO (62). October 24, 2003. Robert W. Lee, Judge. Counsel: Christopher M. Tuccitto, North Miami, for Plaintiff. Emilio Stillo, Ft. Lauderdale, for Defendant.
SUMMARY FINAL JUDGMENTIN FAVOR OF PLAINTIFF
This cause came before the Court for summary judgment hearing on July 11, 2003, and the Court’s having previously entered an Order granting summary judgment, the Court rules as follows:
The Defendant has breached its contract with its insured. Plaintiff is the assignee of the insured’s rights under the contract. The Defendant breached the contract by failing to provide the insured with a written explanation of benefits as required by Florida Statute §627.736(4)(b). The Plaintiff was required to institute this action in ordinary to compel the Defendant’s compliance with this statutory provision. As a result, the Plaintiff is the prevailing party and is accordingly entitled to an award of attorneys’ fees pursuant to Florida Statute §627.428. If unable to reach an agreement as to the amount of fees, the Plaintiff may file its motion for attorneys’ fees with appropriate attachments.
* * *
