13 Fla. L. Weekly Supp. 356a
Insurance — Personal injury protection — Declaratory action — Insurer’s obligation to provide PIP log, policy and declarations page on pre-suit request from medical provider is consistent with intent of no fault statute
FLORIDA EMERGENCY PHYSICIANS KANG & ASSOCIATES, MD, P.A., as assignee of Robert Diaz, Plaintiff, vs. SOUTHERN GROUP INDEMNITY, INC., Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 05-SC-4192. December 12, 2005. Jerry L. Brewer, Judge. Counsel: Rutledge M. Bradford, Rutledge Bradford, Orlando. Gale Young, Tampa.
ORDER GRANTING PLAINTIFF’S MOTION FOR FINAL SUMMARY JUDGMENT ON ITS CLAIM FOR DECLARATORY RELIEF
THIS MATTER having come before this Court on PLAINTIFF’S MOTION FOR FINAL SUMMARY JUDGMENT on its Claim for Declaratory Relief and this Court having heard arguments of counsel and being otherwise fully advised in the premises, it is hereby,
ORDERED AND ADJUDGED that:
PLAINTIFF’S MOTION IS GRANTED. This court adapts the opinion issued on Rehearing by the Circuit Court of the Eighteenth Judicial Circuit, sitting in its appellate capacity in New Hampshire Indemnity Insurance Company vs. Rural Metro Ambulance a/a/o William Zaniboni, filed on November 18, 2005. The court finds that compliance with a pre-suit request for a copy of the policy, declarations page and PIP log is in keeping with the intent of the No Fault statute and that the statutes cited by the Plaintiff in support of its request are flexible enough and intended to encompass the production of this information upon a presuit request.
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