13 Fla. L. Weekly Supp. 374a
Insurance — Personal injury protection — Coverage — Medical expenses — Medical provider is entitled to recover 80% of amount of bill and statutory interest for bill which insurer’s litigation adjuster admits insurer should have paid — Provider entitled to statutory interest, penalty and postage on bill that insurer paid late without paying statutory interest
FRANCISCO M. GOMEZ, M.D., P.A., (As assignee of Berta Flores), Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 03-26459-SC, Division I. January 12, 2006. Charlotte Anderson, Judge. Counsel: Timothy A. Patrick. Heather Harwell.
FINAL SUMMARY JUDGMENT
THIS CAUSE, having come before the court on January 11, 2006, on Plaintiff’s Motion for Final Summary Judgment, and the court having heard argument of counsel and otherwise being fully advised in the premises and for the reasons stated orally and recorded in open court, which shall constitute the decision of this court, it is, hereby ORDERED AND ADJUDGED as follows:
1. The Plaintiff’s Motion for Final Summary Judgment is hereby GRANTED.
2. For date of service May 27, 2003 in the amount of $1,200.00, Plaintiff is entitled to 80% of that amount, $960.00 and statutory interest. According to the deposition testimony of Anne Gladky, Defendant’s litigation adjuster, the Defendant should have paid this bill.
3. For date of service June 5, 2003 in the amount of $505.00, the Defendant did pay 80% of this bill or $404.00; however, said bill was paid late, but without statutory interest. As such, Plaintiff is entitled to statutory interest, penalty and postage on this bill. The court finds that based upon the testimony of Anne Gladky that statutory interest should have been paid.
4. Accordingly, Plaintiff, FRANCISCO M. GOMEZ, M.D., P.A., whose address is in care of Timothy A. Patrick, Esquire, 1906 N. Tampa St., Tampa, Florida 33602, shall recover from the Defendant, UNITED AUTOMOBILE INSURANCE COMPANY, whose address is in the care of Heather Harwell, Esquire, Luks, Santaniello, Perez, Petrillo & Gold, 501 E. Kennedy Blvd., Suite 720, Tampa, FL 33602, the principal sum of $960.00, for all of which let execution issue.
5. This Court reserves jurisdiction as to pre-judgment interest on the principal amount and attorney’s fees and costs and pre-judgment interest. [See 13 Fla. L. Weekly Supp. 728a.]
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