11 Fla. L. Weekly Supp. 69a
Insurance — Personal injury protection — Declaratory judgments — Legitimate dispute exists as to whether section 627.736(6)(d) requires insurer to provide health care provider with PIP Payout Log, or whether insurer is required to provide this information to “injured party” only — Declaratory judgment is appropriate vehicle for resolving this dispute — Motion to dismiss denied
TALLAHASSEE MRI, P.A., (Jacques Amilcar, Patient), Plaintiff, vs. PROGRESSIVE AUTO PRO INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. CONO 03-2631. November 17, 2003. Steven P. Deluca, Judge. Counsel: Andrew J. Weinstein, Weinstein & Associates, P.A., Coral Springs, for Plaintiff. P. David Brannon, for Defendant.
ORDER ON DEFENDANT’S MOTION TO DISMISS COUNT I AND MOTION FOR MORE DEFINITE STATEMENTAS TO COUNT II OF PLAINTIFF’S COMPLAINT
THIS CAUSE having come on to be heard on Defendant, PROGRESSIVE AUTO PRO INSURANCE COMPANY’S Motion to Dismiss Count I and Motion for More Definite Statement as to Count II of Plaintiff’s Complaint and the Court having heard argument of counsel and being otherwise advised in the premises, it is hereupon:
ORDERED AND ADJUDGED as follows:
Count I of Plaintiff’s Complaint contains a claim for declaratory relief requesting that the Court enter a judgment declaring that Florida Statute §627.736(6)(d), requires the Defendant to provide the Plaintiff, upon pre-suit request, with a PIP Payout Log. The Defendant interprets the aforementioned provision of the statute as requiring the Defendant to provide this information to an “injured party” only and not to the Plaintiff, a health care provider holding an assignment of benefits. Because there is a legitimate dispute as to the interpretation of this Statute, the Court finds that the Count for declaratory judgment is an appropriate vehicle for resolving same and accordingly, the Defendant’s Motion to Dismiss Count I is DENIED.
The Defendant has withdrawn its Motion For More Definite Statement and therefore, Defendant shall file its answer to Plaintiff’s Complaint within twenty (20) days from the date of this Order.
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