13 Fla. L. Weekly Supp. 1227a
Insurance — Personal injury protection — Declaratory judgment — Coverage — Count alleging that, because insurer did not respond to medical provider’s request for policy information, provider is in doubt as to right to make claim and seeks declaration that claim is covered is not properly pled — Pleading is distinguished from case in which party seeks declaration of right to obtain policy documents
ST. GEORGE SPINAL CLINIC, P.A., (Joel Derisma), Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 06-7137 COCE 56. September 29, 2006. Linda R. Pratt, Judge. Counsel: Wendelyn Lane, Rutledge M. Bradford, P.A., Orlando, for Plaintiff. Matt Hellman, Matt Hellman, P.A., Plantation, for Defendant.
ORDER ON MOTION TO DISMISS COUNT II
This cause is before the Court on defendant’s motion to dismiss count II seeking declaratory relief. Upon consideration of the record and relevant case law, It is
ORDERED AND ADJUDGED that count II is hereby dismissed without prejudice.
The Court finds that as pled, plaintiff does not state a claim for declaratory relief. In count II plaintiff claims that because defendant failed to respond to its request for policy information, it is in doubt as to its rights to make a claim. Plaintiff essentially seeks a declaration that its claim is covered under the policy. Payment of the claim is the subject of count I, through which plaintiff will be entitled to full discovery of the information and relief it seeks. Therefore, the count for declaratory relief is not properly pled. Taylor v. Cooper, 60 So. 2d 534 (Fla 1952).
This pleading must be distinguished from the case in which a party seeks a declaration of its rights to obtain certain documents based upon conflicting interpretations of a statute, such as for example, Florida Statute 627.736(6)(d) or F.S. 627.4137. Other than asking the court in general to determine applicable law that applies to the policies and parties, plaintiff has not sought a declaration of rights in the face of conflicting interpretations of a statute. Therefore, plaintiff has leave to amend count II within twenty (20) days.
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