13 Fla. L. Weekly Supp. 491b
Insurance — Personal injury protection — Notice of loss — Where medical provider furnished insurer with own disclosure and acknowledgment form rather than standard Department of Insurance form, but form submitted by provider substantially complied with statute, insurer was provided with proper notice of covered loss
FLORIDA CENTER FOR ORTHOPAEDICS, a/a/o Staci Dees, Plaintiff, vs. ALLSTATE INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 05-SC-6415, Division 72 — P.I.P. March 3, 2006. Deb S. Blechman, Judge.
ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY DISPOSITION AGAINST DEFENDANT, ALLSTATE INSURANCE COMPANY
THIS CAUSE came before the Court on February 21, 2006, at a hearing on the Plaintiff’s Motion for Summary Disposition. The only issue for determination was whether Plaintiff provided Defendant with proper notice of a covered loss for the August 30, 2004 date of service where Plaintiff furnished Defendant with its own Disclosure and Acknowledgment Form instead of the “Standard Disclosure and Acknowledgment Form” printed on the letterhead of the Office of Insurance Regulation.
Having reviewed the Court file, reviewed the statutory and case law provided by counsel and having heard argument of counsel and being otherwise fully advised in the premises, it is hereby:
ORDERED AND ADJUDGED:
Plaintiff’s Motion far Summary Disposition is GRANTED.
I find that Plaintiff provided Defendant with proper notice of a covered loss for the August 30, 2004 date of service since the Disclosure and Acknowledgment Form submitted by the Plaintiff substantially complied with Florida Statutes Section 627.736(5)(e). Cerceda & Associates, D.C., P.A., a/a/o Augustin Santiesteban v. United Automobile Insurance Company, (Miami-Dade County, Case. No. 05-05280CC 23(03), January 25, 2006); Total Care Health Center, Inc. a/a/o Eugenio M. Mendez v. United Automobile Insurance Company, (11th Judicial Circuit, July 12, 2005) 12 Fla. L. Weekly Supp. 967a; Gary H. Weiss, D.C., DABFE, a/a/o Judy Best v. Progressive Express Insurance Company, (Seminole County, Case No. 05 SC 0091 19S, February 6, 2006); and Hollywood Diagnostics Center, Inc., a/a/o Joseph Thompson v. Southern Group Indemnity, Inc., (11th Judicial Circuit, June 16, 2005), 12 Fla. L. Weekly Supp. 1180a.
