13 Fla. L. Weekly Supp. 908b
Insurance — Personal injury protection — Declaratory judgment — Insurer’s obligation to provide PIP log on presuit request from assignee/medical provider — Declaratory judgment is appropriate vehicle for resolving dispute as to interpretation of statute
OPEN MRI & DIAGNOSTIC IMAGING, INC., (Rosette Cherenfant, patient), Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. CONO 05-004461 (70). June 21, 2006. Steven P. Deluca, Judge. Counsel: Andrew J. Weinstein, Weinstein & Associates, P.A., Coral Springs, for Plaintiff. Jarred Dichek, for Defendant.
ORDER ON DEFENDANT’S MOTION TO DISMISS COUNT I
THIS CAUSE having come on to be heard on Defendant, UNITED AUTOMOBILE INSURANCE COMPANY’s Motion to Dismiss Count I, and the Court having heard argument of counsel and being otherwise advised in the premises, it is hereupon:
ORDERED AND ADJUDGED as follows:
Count I of Plaintiff’s Complaint contains a claim for declaratory relief requesting that the Court enter a judgment declaring that Florida Statute §627.736(6)(d), requires the Defendant to provide the Plaintiff, upon pre-suit request, with a PIP Payout Log. Because there is a legitimate dispute as to the interpretation of this Statute, the Court finds that the Count for declaratory judgment is an appropriate vehicle for resolving same and accordingly, the Defendant’s Motion to Dismiss Count I is DENIED. Defendant shall file an answer no later than twenty (20) days from the date of this Order.
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