12 Fla. L. Weekly Supp. 483b
Insurance — Personal injury protection — Coverage — Notice of loss — Where insurer never received original and valid disclosure and acknowledgment form, it was never provided with written notice of covered loss and is not responsible for payment of benefits — Summary judgment granted in favor of insurer
O.P. DIAGNOSTIC CENTER, (a/a/o OSVEL CANCIO), Plaintiff, v. U.S. SECURITY INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 04-03481 SP 26 1. February 16, 2005. Lawrence D. King, Judge. Counsel: Alina Palacios, U.S. Security Insurance Company, Inc., Miami.
ORDER GRANTING DEFENDANT’S MOTION FOR FINAL SUMMARY JUDGMENT
THIS CAUSE, having come before this Court on this 26TH day of January, 2005, and the Court, having heard arguments of counsel and being otherwise fully advised in the premises, it is hereby adjudged that the Defendant’s, U.S. SECURITY INSURANCE COMPANY, Motion for Final Summary Judgment is granted as no genuine issue of material fact exists and Defendant is entitled to judgment as a matter of law. As grounds therefore, it is undisputed that O.P. DIAGNOSTIC never provided the Disclosure and Acknowledgment Form required by said statutory sections, either prior to or after submission of the bill at issue. Therefore U.S. SECURITY never received notice of a covered loss, is not responsible for payment herein, and this lawsuit was inappropriately filed.
In order to be entitled to payment of PIP benefits, a party seeking said benefits must establish that an insurer was provided with written notice of a covered loss. Specifically Florida Statute 627.736(4)(b), states in relevant part, “[p]ersonal injury protection insurance benefits paid pursuant to this section shall be overdue if not paid within 30 days after the insurer is furnished written notice of the fact of a covered loss and of the amount of same.” In this case it is undisputed that U.S. SECURITY was never provided with written notice of a covered loss, as they never received an original and valid Disclosure and Acknowledgment form.
Hence the Disclosure and Acknowledgment form must be provided to the insurer in accordance with the above-noted statutory sections, or the insurer has not received written notice of a covered loss under Florida Statute 627.736(4)(b). As section (4)(b) establishes that PIP benefits are not overdue until thirty (30) days after receipt of written notice of a covered loss, in the absence of submission of the disclosure and acknowledgment form, PIP benefits cannot be overdue.
Based upon the above and foregoing, it is accordingly,
DONE and ORDERED in chambers at Miami-Dade County Florida this 16th day of January, 2005.
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