13 Fla. L. Weekly Supp. 907b
Insurance — Personal injury protection — Coverage — Person not occupant of vehicle owned or operated by insured — Where medical provider incorrectly represented to insurer that person who was not occupant of vehicle owned or operated by insured was covered under insured’s policy, and insurer made payments to provider, insurer is entitled to recover payments made — Prejudgment interest, attorney’s fees and costs awarded
STATE FARM FIRE AND CASUALTY COMPANY, Plaintiff, vs. FAMILY CHIROPRACTIC MEDICAL CENTER, Inc, Defendant. County Court, 17th Judicial Circuit in and for Broward County, Civil Division. Case No. 06-003884. May 23, 2006. Peter B. Skolnik, Judge. Counsel: Philip A. Friedman, Ramey & Kampf, P.A., Tampa, for Plaintiff.
ORDER ON FINAL JUDGMENT
THIS CAUSE came before the Court on Plaintiff, State Farm Fire and Casualty Company’s Motion for Entry of Final Judgment, and the Court, having heard argument and being otherwise advised in the premise, makes the following findings:
1. Plaintiff, State Farm Fire and Casualty Company, is the prevailing party in this matter and shall be entitled to an award of damages pursuant to Florida Statute 627.7405.
2. That on or about November 18, 2003, Rodin Eugene was involved in an automobile accident resulting in medical treatment and other related services, including treatment and/or services received by FAMILY.
3. FAMILY submitted bills to STATE FARM indicating that the patient was covered under a STATE FARM policy of insurance. The billing identified the STATE FARM insured as Altaneger Louis. The billing even identified a STATE FARM claim number of 59-Y591-490.
4. However, subsequent investigation has revealed STATE FARM is not responsible for the bills as RODIN EUGENE not an occupant of the vehicle in which State Farm’s insured owned and operated.
5. Further, sworn testimony from Mr. Eugene verifies he was not an occupant of the State Farm insured vehicle. Thus, there is no basis for State Farm to afford coverage to RODIN EUGENE.
6. The total amount paid to FAMILY on behalf of RODIN EUGENE is $7,780.00.
7. FAMILY received the monies from STATE FARM and deposited said monies into bank and/or depository accounts owned by FAMILY.
8. After payments to FAMILY, STATE FARM learned RODIN EUGENE was not entitled to benefits or coverage under the STATE FARM policy.
9. Thus, FAMILY’s interests in the STATE FARM policy are non-existent. Neither RODIN EUGENE nor FAMILY has ever had an interest in the contract of insurance meaning that neither these persons nor FAMILY had or have any rights to benefits under the policy.
10. Thus, FAMILY incorrectly represented to STATE FARM that RODIN EUGENE was covered under the policy under which payments were erroneously made.
11. Thus, this Court finds that Plaintiff shall recover from Defendant damages totaling $7,780.00.
12. This Court further finds Plaintiff is entitled to taxable and reasonable attorneys’ fees and costs. Taxable costs due Plaintiff shall be $279.64. Taxable and reasonable attorneys’ fees total $1,006.00. Thus, the total amount of fees and costs is $1,285.64.
Based upon the above findings, it is hereby:
ORDERED AND ADJUDGED:
1. State Farm is entitled to recover from Defendant the sum of $9,065.64, together with pre-judgment interest from December 21, 2005 through May 4, 2006 totals$250.90. Thus, State Farm is entitled to a judgment of damages totaling $9,316.54.
2. State Farm is entitled to recover from Defendant post judgment interest at the rate of 9% per annum, for which sum let execution issue.
3. State Farm shall be entitled to taxable costs which total $279.64.
4. State Farm shall be entitled to reasonable and taxable fees which total $1,006.00.
5. Based on the above, State Farm is entitled to recover from Defendant the sum of $9,316.54, and post-judgment interest at the rate of 9% per annum, for which sum let execution issue.
It is further ORDERED AND ADJUDGED that the judgment debtor, FAMILY CHIROPRACTIC MEDICAL CENTER INC., and its CEO, owner and/or registered agent, Saviene Etienne, shall complete under oath Florida Rule of Civil Procedure Form 1.977 (Fact Information Sheet), including all required attachments, and serve it on the judgment creditor’s attorney, Ramey & Kampf, P.A., within 45 days from the date of this Final Judgment, unless the final judgment is satisfied or post-judgment discovery is stayed.
6. Jurisdiction of this case is retained to enter further orders that are proper to compel the debtor, FAMILY CHIROPRACTIC MEDICAL CENTER INC., and its President, owner and director, SAVIENE ETIENNE, to complete form 1.977, including all required attachments, and serve it on the Ramey & Kampf, P.A.
7. This Court will reserve jurisdiction to address claims against the CEO, owner and director, SAVIENNE ETIENNE, in the individual capacity pending payment of the judgment to State Farm.
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