13 Fla. L. Weekly Supp. 906a
Insurance — Personal injury protection — Coverage — Unregistered medical provider — Insurer is entitled to recover PIP and Medpay benefits paid to unregistered provider
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, vs. AFFILIATED DIAGNOSTIC ASSOCIATES, LLC, Defendant. County Court, 15th Judicial Circuit in and for Palm Beach County. Case No. 50 2006 CC 00361. May 26, 2006. Peter M. Evans, Judge. Counsel: David B. Kampf, Ramey & Kampf, P.A., Tampa, for Plaintiff.
FINAL JUDGMENT IN FAVOR OF STATE FARM
THIS CAUSE came before the Court on May 16, 2006, on Plaintiff, State Farm Mutual Automobile Insurance Company’s Motion for Final Judgment, and the Court having reviewed the file, having heard argument of counsel, and being otherwise advised in the premises it is hereby:
ORDERED AND ADJUDGED:
1. Defendant’s failure to raise any defenses in opposition to State Farm’s Complaint seeking reimbursement of paid PIP and medical payments coverage based on Defendant’s failure to register pursuant to F.S. 456.0375, results in this Court entering Final Judgment in favor of State Farm and against AFFILIATED DIAGNOSTIC ASSOCIATES, LLC.
2. State Farm is hereby entitled to recover from AFFILIATED DIAGNOSTIC ASSOCIATES, LLC, the sum of $8,817.70 together with pre-judgment interest from August 22, 2003. Yearly pre-judgment interest is $881.77. Daily interest is $2.45. Pre-judgment interest up to May 13, 2006, totals $2,460.42. Thus, State Farm is entitled to a judgment of damages totaling $11,278.12.
3. State Farm shall be entitled to taxable costs which total $275.00.
4. Based on the above, State Farm is entitled to recover from Defendant, AFFILIATED DIAGNOSTIC ASSOCIATES, LLC, the sum of $11,553.12 and post-judgment interest at the rate of 9% per annum, for which sum let execution issue.
5. It is further ordered and adjudged that the judgment debtor, AFFILIATED DIAGNOSTIC ASSOCIATES, LLC, 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. The form is to be completed by Defendant’s owners and directors, Mr. Mitchell Rubin and Mr. Craig Yarwood or any appropriate and duly authorized representative.
6. Jurisdiction of this case is retained to enter further orders that are proper to compel the debtor, AFFILIATED DIAGNOSTIC ASSOCIATES, LLC, and its owners and directors, including Mr. Mitchell Rubin and Mr. Craig Yarwood or any appropriate owner, to complete form 1.977, including all required attachments, and serve it on the Ramey & Kampf, P.A.
