13 Fla. L. Weekly Supp. 740a
Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Where description of services rendered was omitted from disclosure and acknowledgment form, there was no substantial compliance with requirements for notice of covered loss — Summary judgment granted in favor of insurer
NW BROWARD ORTHOPAEDIC ASSOCIATES, P.A. (a/a/o Katrina Rodriguez o/b/o Jasmine Rodriguez, a minor), and MRI RADIOLOGY NETWORK, P.A. (a/a/o Katrina Rodriguez o/b/o Jasmine Rodriguez, a minor), Plaintiffs, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 05-16209 COCE 53. May 11, 2006. Robert W. Lee, Judge. Counsel: Brian H. Malamud, Ft. Lauderdale, for Plaintiff. Paula Ferris, Coral Gables, for Defendant.
ORDER GRANTING DEFENDANT’S MOTIONFOR SUMMARY JUDGMENT AS TO PLAINTIFF,MRI RADIOLOGY NETWORK, P.A., and SUMMARY JUDGMENT IN FAVOR OF DEFENDANT AGAINST PLAINTIFF, MRI RADIOLOGY NETWORK, P.A.
THIS CAUSE came before the Court on May 5, 2006 for hearing of the Defendant’s Motion for Summary Judgment, and the Court’s having reviewed the Motion and entire Court file; heard argument; reviewed the relevant legal authorities; and been sufficiently advised in the premises, the Court finds as follows:
Background. In this PIP case, the Defendant claims it is entitled to summary judgment as to the Plaintiff MRI Radiology Network, P.A. because the Plaintiff failed to submit a fully completed statutory disclosure and acknowledgment form. Specifically, the form omitted the “services . . . actually rendered,” with the space provided left blank. The Plaintiff argues that only substantial compliance is required, and in the absence of demonstrated prejudice, the Defendant cannot defend its failure to pay benefits on the basis of the incomplete form.
Conclusions of Law. Florida Statute §627.736(5)(e)(1) provides that the insured person is required “to execute a disclosure and acknowledgment form” with minimum requirements set forth in the statute. Subsection (5)(e)(5) further provides that “[t]he original completed disclosure and acknowledgment shall be furnished to the insurer pursuant to paragraph (4)(b)” (emphasis added). Subsection (4)(b) provides in pertinent part that “[p]ersonal injury protection insurance benefits [. . .] shall be overdue if not paid within 30 days after the insurer is furnished written notice of the fact of a covered loss and of the amount of same [. . .].” Therefore, the Court concludes that the Legislature has made the disclosure and acknowledgment form part of the claims process.
The Court does not read subsection (5)(d) as setting forth the exclusive components of “written notice of a covered loss.” Rather, the Court reads the subsection as setting forth that statements or bills are part of the (4)(b) requirement, and then further setting forth what must be in those bills. Otherwise, in the Court’s view, the reference to (4)(b) in subsection (5)(e) would be meaningless. See Forsythe v. Longboat Key Beach Erosion Control District, 604 So.2d 452, 455 (Fla. 1992) (court must “construe related statutory provisions in harmony with one another”).
The Court notes that the statute sets forth five “minimum” requirements of the disclosure and acknowledgment form. Fla. Stat. §627.736(5)(e)(1). These minimum requirements are part of the provider’s proof of notice of a covered loss. Therefore, the Court need not address the issue of whether “substantial compliance” is all that is required. The omission of the services rendered description goes to the heart of the purpose of the disclosure and acknowledgment form, and thus there has been no “substantial” compliance. Accordingly, it is hereby
ORDERED AND ADJUDGED that Defendant’s Motion for Summary Judgment as to Plaintiff, MRI Radiology Network, P.A., is GRANTED. The Plaintiff, MRI Radiology Network, P.A., shall take nothing in this action, and as to this Plaintiff, the Defendant shall go hence without day. The Court reserves jurisdiction on the issue of costs and attorney’s fees.
