13 Fla. L. Weekly Supp. 156a

Insurance — Personal injury protection — Interest — Insurer that paid medical bills three months after receipt owes statutory interest to medical provider

PHYSICIANS MEDICAL CENTER NORTHSIDE, INC., as assignee of KAILEY DURRANCE, Plaintiff, vs. ALLSTATE INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County, Small Claims Court. Case No. 16-2004-SC-247, Div. N. October 20, 2005. Gary P. Flower, Judge. Counsel: Peter Shutters. David G. Candelaria, Farah & Farah, P.A., Jacksonville.

ORDER

THIS CAUSE coming before the Court sub judice on “Plaintiff’s Motion For Partial Final Summary Judgment,” and after considering argument of counsel and relevant Florida Law, the Court FINDS:

1. On or about February 7, 2001, Kailey Durrance (hereinafter referred to as “Ms. Durrance”) sustained bodily injuries arising out of the ownership, maintenance, or use of a motor vehicle. Ms. Durrance sought medical care and treatment from the Plaintiff and she received reasonable, related, and medically necessary treatment for said injuries.

2. During the period of February 12, 2001 through May 2, 2001, Ms. Durrance received periodic chiropractic manipulative treatment which was intended to influence joint and neurophysiological function.

3. The Plaintiff charged the Defendant $1,430.00 for the period of February 12, 2001 through May 2, 2001. The charges for said services were received by the Defendant on or about May 21, 2001 and payment was issued for said services on or about August 28, 2001. The Defendant paid the Plaintiff $1,144.00 (80% of $1,430.00), without paying statutory interest.

ORDERED

1. Plaintiff’s Motion For Final Partial Summary Judgment is GRANTED.

2. Defendant owes the Plaintiff $21.72 in statutory interest as required by Fla. Stat. § 627.736(4)(c) (2003), for which let execution issue forthwith.

3. Post-judgment interest shall be due on this judgment pursuant to Fla. Stat. § 55.03.

4. Plaintiff is entitled to attorney’s fees and costs pursuant to §§ 627.736 and 627.428, Florida Statutes, as the prevailing party, and reserves jurisdiction to enter a Final Judgment on attorney’s fees and costs accordingly.

5. This Court reserves jurisdiction to enforce this Final Judgment, as well as any previous Judgements and/or Orders in this matter, and to do any and all other acts necessary in this cause.

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