13 Fla. L. Weekly Supp. 37c
Insurance — Personal injury protection — Explanation of benefits — Trial court correctly found that insurer breached insurance contract by failing to provide written explanation of benefits required by statute
UNITED AUTOMOBILE INSURANCE COMPANY, a Florida corporation, Appellant, vs. STAT TECH. INC. a/a/o MARCIA HOLGO, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 03-21441(18). April 12, 2005. Counsel: Michael J. Neimand, Office of the General Counsel, United Automobile Insurance Company, Fort Lauderdale, for Appellant. The Law Office of Russel Lazega, North Miami, for Appellee.
OPINION
(JOHN T. LUZZO, J.)THIS CAUSE having come before the Court upon the Appellant, United Automobile Insurance Company’s, Appeal of the County Court Final Summary Judgment in favor of the Appellee. Also, before this Court is the Appellee’s Amended Motion for Appellate Attorney’s Fees.
The Court having reviewed the relevant briefs and record dispenses with oral arguments and affirms the ruling below. On a motion for summary judgment, the Court reviews the entire record, as well as memoranda and materials submitted by the parties in conjunction with the motion.
The Court finds that the claim was properly ruled upon by the County Court under Florida Statute 627.736(4)(b). The County Court properly found that Appellant breached its contract for insurance with the insured by failing to provide a written explanation of benefits as required by the applicable statute.
The Court grants the Appellee’s request for Appellate Attorney’s Fees pursuant to Florida Rule of Appellate Procedure 9.400 as the prevailing party on appeal. The Court remands to the County Court for determination of amount of fees and costs.
Accordingly, it is hereby
ORDERED AND ADJUDGED that Final Summary Judgment in favor of the Appellee by the County Court is AFFIRMED.
ORDERED AND ADJUDGED that Appellee’s Amended Motion for Appellate Attorney’s Fees are GRANTED and REMANDED to the County Court for determination of amount of fees and costs.
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