12 Fla. L. Weekly Supp. 483a
Insurance — Personal injury protection — Failure of provider to provide professional license number in space provided for “Signature of Physician or Supplier, Including Degree or Credentials” — Insurer’s motion for summary judgment granted
THE OSTEOMUSCULAR REHAB CENTER (a/a/o Yordanka Valdez), Plaintiff, v. U.S. SECURITY INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 04-4293 SP 26. February 18, 2005. Charles D. Edelstein, Senior Judge. Counsel: Alberto M. Valdes, U.S. Security Insurance Company, Inc., Miami. Alejandro Sixto.
ORDER GRANTING DEFENDANT, U.S. SECURITY INSURANCE COMPANY’S MOTION FOR FINAL SUMMARY JUDGMENT
THIS CAUSE having come on to be heard, on February 14, 2005, on Defendant, U.S. SECURITY INSURANCE COMPANY’s Motion for Final Summary Judgment, the Court makes the following findings of fact and conclusions of law:
FINDINGS OF FACT
1. On or about January 7, 2004, Yordanka Valdez was allegedly involved in an automobile accident, and made a claim for PIP benefits with U.S. SECURITY INSURANCE COMPANY (“U.S. SECURITY”) thereafter.
2. THE OSTEOMUSCULAR REHAB CENTER (“OSTEO”) brought suit against U.S. SECURITY, for personal injury protection benefits.
3. U.S. SECURITY received bills from OSTEO for dates of services January 14, 2004 through and including April 8, 2004, totaling $9235.00 in amount. (See affidavit of Cristina Gil and attachments filed with the Court)
4. OSTEO’s bills did not contain the professional license number of the provider in the line or space provided for “Signature of Physician or Supplier, Including Degree or Credentials.”
CONCLUSIONS OF LAW
After having heard arguments of counsel, examined the motion and supporting affidavits, it is hereby ORDERED and ADJUDGED as follows:
5. The Court finds that there is no genuine material issue of fact. The professional license number of the provider was not provided. Accordingly, the requirement of the statute, (Florida Statute 627.736(5)(d)), that uses the word “shall,” comes into play. So there is no genuine material issue of fact in the statutory language. There is no material issue of law either.
6. Accordingly the Court GRANTS Defendant’s Motion for Final Summary Judgment and hereby enters Final Summary Judgment in Defendant’s favor.
7. The Court also adopts the reasoning as set forth by Judge Leban in Professional Medical Group, Inc. (a/a/o Ariel Hernandez) v. U.S. Security Insurance Company, which is a County Court case of the Eleventh Judicial Circuit, Case Number 04-6746 CC 25 (01). Judge Leban’s Order is dated January 24, 2005.
8. The Court reserves jurisdiction to award attorney’s fees and costs to the Defendant.
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