12 Fla. L. Weekly Supp. 344a
Insurance — Personal injury protection — No error in granting final summary judgment to insurer and denying medical provider’s motion for summary judgment as to attorney’s fees — Suit for unpaid claim for Flex C.S.O. Support was premature where medical provider filed suit prior to providing invoice for support requested by insurer, and insurer made full payment of claim within ten days of receiving invoice pursuant to court order compelling production
MEDPEND, INC., as assignee of PHILLIP PRATT, Appellant, vs. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Appellee. Circuit Court, 18th Judicial Circuit (Appellate) in and for Seminole County. Case No. 04-27-AP. December 15, 2004. Appeal from County Court, Seminole County, Honorable Donald L. Marblestone. Counsel: V. Rand Saltsgaver, Law Offices of V. Rand Saltsgaver, Orlando, for Appellant. Mark D. Tinker, St. Petersburg, for Appellee.
[Lower court order at 11 Fla. L. Weekly Supp. 366a.]
(NELSON, D.) The Appellant, Medpend, Inc. (“Medpend”), appeals a county court order granting final summary judgment to the Appellee, Nationwide Mutual Fire Insurance Company (“Nationwide”), while simultaneously denying Medpend’s Motion for Partial Summary Judgment as to entitlement to attorney’s fees. This court affirms.
Upon receiving Medpend’s claim and in order to “make a reimbursement determination under [their] obligation to pay reasonable expenses for necessary medical care and to maximize benefits for [their] insured,” Nationwide made a timely request to Medpend pursuant to Fla. Stat. §627.736(6)(b) for the invoice paid to the supplier for the Flex L.S.O. Support that was provided by Medpend to Medpend’s Assignor, Phillip Pratt. Nationwide’s request is clearly contemplated by Fla. Stat. 627.736(6)(b). See also Kaminester v. State Farm Mutual Automobile Ins. Co., 775 So.2d 981 (Fla. 4th DCA 2000) (stating that the right of the PIP carrier is to discover information as to what it actually cost the provider to provide the treatment or services.). On December 11, 2001, Medpend filed suit against Nationwide having never provided the requested invoice. On September 30, 2003, Medpend provided Nationwide with the requested invoice pursuant to a court order compelling production of the same. Upon receipt of the invoice, Nationwide made full payment of Medpend’s claim within ten days as required by Fla. Stat. §627.736(6)(b). By providing timely payment upon receipt of the invoice, Medpend’s claim never became “overdue” for purposes of Fla. Stat. 627.736(4)(b) and Medpend’s lawsuit was thereby premature. Because this Court considers the well-reasoned decision of the trial judge below to be legally sound, the decision is hereby AFFIRMED.
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