12 Fla. L. Weekly Supp. 1174a
Insurance — Personal injury protection — Explanation of benefits — Failure to provide — Motion for partial summary judgment as to count alleging breach of contract for failure to provide EOB is granted where insurer concedes it failed to provide EOB
COUNTY LINE CHIROPRACTIC CENTER, INC., a/a/o Sau Chiu, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Dade County, Civil Division. Case No. 04-2482 CC 23 (03). September 16, 2005. Linda Singer Stein, Judge.
ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO COUNT I
THIS MATTER came before the Court on Plaintiff’s Motion for Partial Summary Judgment as to Count I for Breach of Contract for Failure to provide an explanation of benefits. After careful consideration and presiding over legal argument, the Court’s findings are set forth below.
Fla. Stat. Section 627.736(b) requires that “the insurer shall provide at the time of the partial payment or rejection an itemized specification of each item that the insurer had reduced, omitted or declined to pay and any information that the insurer desires the claimant to consider related to the medical necessity of the denied treatment or to explain the reasonableness of the reduced charge, provided that this shall not limit the introduction of evidence at trial; and the insurer shall include the name and address of the person to whom the claimant should respond and a claim number to be referenced in future correspondence.”
Defendant concedes that it failed to comply with this section. Since there are no genuine issues of material fact, Plaintiff’s Motion for Summary Judgment is Granted as to Count I. See, United Automobile Insurance Company v. Trapana, 12 Fla. L. Weekly Supp. 452a (Fla. 17th Jud. Cir. 2005).
* * *
