13 Fla. L. Weekly Supp. 1009a
Insurance — Personal injury protection — Declaratory judgment — Medical provider’s right to receive explanation of benefits — Motion to dismiss count seeking declaratory relief regarding insurer’s alleged failure to provide EOB is denied
MARC WEINBERG, DC D/B/A AAA CHIROPRACTIC CENTERS, Plaintiff(s), vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant(s).County Court, 17th Judicial Circuit in and for Broward County. Case No. 06-2428 COSO (62). July 17, 2006. Julio E. Gonzalez, Jr., Judge. Counsel: Russel Lazega, Law Office of Russel Lazega, North Miami, for Plaintiff. David Hwalek, Matt Hellman, P.A., for Defendant.
ORDER
THIS CAUSE having come on to be heard on Defendant’s Motion to Strike Plaintiff’s claim for Specific Performance and/or Injunctive Relief and Motion to Dismiss claim for Declaratory Relief, and the Court having reviewed the Motions, Court File, relevant legal authorities, and having considered the arguments, and being otherwise advised finds as follows:
1. In light of Plaintiff withdrawing its claims for specific performance and injunction relief, the Court does not render a ruling as this issue is moot. The Court will reserve its ruling as to whether the plaintiff is entitled to recover attorneys fees and costs.
2. Defendant’s Motion to Dismiss Count II (Declaratory Relief regarding EOB) is denied. The court follows its previous decision in Demetrio Baldovinos v. United Auto. Ins. Co., Case No. 05-9906 COSO 62 [13 Fla. L. Weekly Supp. 1010a], which permitted his same pleading to stand. The court’s decision is supported by the following Broward County decisions permitting this type of Declaratory Relief action:
R.J. TRAPANA, M.D., P.A. (assignee of Reynoso, Franklyn) v. UNITED AUTOMOBILE INSURANCE COMPANY. County Court, Broward County. Case No. 05-10502 COSO 60. May 8, 2006. Sharon Zeller, Judge, 13 Fla. L. Weekly Supp. 732c; DAVID SALINAS vs. UNITED AUTO. INS. CO., County Court, Broward County. Case No. 05-7481 COSO 60. January 19, 2006. Sharon Zeller, Judge [13 Fla. L. Weekly 1009b]; PRIMARY CARE MEDICAL GROUP, INC. (assignee of Bermudez, Eliezer) v. UNITED AUTOMOBILE INSURANCE COMPANY, County Court, Broward County. Case No. 03-01226 COCE 54. March 1, 2005. Lisa Trachman, Judge, 12 Fla. L. Weekly Supp. 493a; ELIAS GARCIA vs. UNITED AUTOMOBILE INSURANCE COMPANY, County Court, Broward County. Case No. 04-12946 COCE 53. January 31, 2005. Robert W. Lee, Judge, 12 Fla. L. Weekly Supp. 387a; PINES TOTAL HEALTH CENTER, INC. v. UNITED AUTO INS CO., County Court, Broward County. Case No. 05-9328 COSO 62. March 2, 2006. Giselle Pollack, Judge; R.J. TRAPANA M.D., P.A. (assignee of Herold Aluidor) vs. UNITED AUTO. INS. CO., County Court. Broward County. Case No. 02-13623 COCE 51. April 10, 2003. Martin Dishowitz, Judge; R.J. TRAPANA, M.D., P.A. vs. UNITED AUTO. INS. CO., County Court, Broward County. Case No. 02-020836 COCE 56. November 22, 2002. Linda Pratt, Judge. This court sees no cause to break from the consistent and reasoned rulings of the county judges of this circuit.
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