14 Fla. L. Weekly Supp. 978c
Insurance — Personal injury protection — Interest on overdue PIP payments is calculated from date insurer was furnished with written notice of amount of covered loss
ADVANTAGE OPEN MRI, INC. as assignee of SHYJUANSKII HUNTER, Plaintiff, v. WINDHAVEN INSURANCE COMPANY, A FLORIDA CORPORATION, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 07-04905, Division H. July 31, 2007. Eric Myers, Judge. Counsel: Philip A. Friedman, Bonifield, Friedman, & Leifer, P.A., Tampa, for Plaintiff. Chad Tatum, Conroy, Simberg, et al., Tampa, for Defendant.
ORDER
THIS CAUSE, having come before the Court on Cross Motions for Summary Judgment by both Plaintiff and Defendant, on the morning of July 16, 2007, present for the Plaintiff, Philip A. Friedman, Esquire and for the Defendant, Chad Tatum, Esquire and the Court being apprised of applicable statutes, case law and argument of counsel,
MAKES THE FOLLOWING FINDINGS OF FACT
1. Plaintiff, a medical provider, brought suit to recover benefits from medical services and/or treatment rendered by the Plaintiff to Defendant’s omnibus insured, Shyjuanskii Hunter.
2. The Defendant received Plaintiff’s billing and was otherwise “furnished with written notice of covered loss” on October 25, 2006.
3. The Defendant tendered payment for the underlying benefits on February 20, 2007.
4. Along with tendering the underlying benefits due, Defendant tendered interest in the amount of $21.34, equivalent to 104 days at 9% interest.
5. 118 days passed between October 25, 2006 and February 20, 2007.
CONCLUSIONS OF LAW
1. This Court is mindful of Florida Statute §627.736(4)(e) (2000) and (2005). Further, this Court reviewed Canarella v. Allstate Indemnity Co., 809 So.2d 73 (2nd DCA 2002) and Progressive Express Ins. Co. v. Outpatient Pain and Wellness Center a/a/o Scobee, 14 Fla. L. Weekly Supp. 339a (13th Judicial Circuit (Appellate) 2006).
2. This Court hereby DENIES Defendant’s Motion for Summary Judgment and GRANTS Plaintiff’s Motion for Summary Judgment predicated on the change in Florida Statute §627.736(4)(c) subsequent to the Second District Court of Appeals decision in Canarella. Interest is “calculated from the date the insurer was furnished with written notice of the amount of covered loss.” Florida Statute §627.736(4)(c) (2005).
3. Plaintiff shall recover an additional 14 days of interest at 9%, or $2.87 in a final judgment amount for which let execution issue. The Court reserves jurisdiction to determine the amount of fees and costs should the parties not agree.
