14 Fla. L. Weekly Supp. 868b
Insurance — Personal injury protection — Application — Misrepresentations — Where only sworn affidavit to be considered on defense of material misrepresentation is that of insured, summary judgment is granted in favor of medical provider
Affirmed at 16 Fla. L. Weekly Supp. 213c
ALEXIS REHAB CENTER, INC., (As assignee of Rosemarie Nieves), Plaintiff, vs. AFFIRMATIVE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 05-03167 CC, Division L. June 18, 2007. Gaston J. Fernandez, Judge. Counsel: Timothy A. Patrick, Nicholas, Lipscomb & Patrick, P.A., Tampa, for Plaintiff. Thomas Paigo, for Defendant.
ORDER GRANTING PLAINTIFF’S AMENDED MOTION FOR FINAL SUMMARY JUDGMENT
THIS CAUSE having come before the Court on June 6, 2007 on Plaintiff’s Amended Motion for Final Summary Judgment, with Timothy A. Patrick, Esquire appearing on behalf of Plaintiff and Thomas Paigo, Esquire, appearing on behalf of Defendant. The court, with Judge Gaston Fernandez presiding, after hearing argument of counsel and for the reasons stated on the record and recorded in open court, rules as follows:
IT IS ORDERED AND ADJUDGED:
1. Plaintiff’s Amended Motion for Final Summary Judgment is hereby GRANTED.
2. The court finds that the only sworn affidavit to be considered was that of the insured, Rosemarie Nieves.
3. The court follows the rationale of the case of Nairovys Bell v. Affirmative Ins. Co., 13 Fla. L. Weekly Supp. 1214 (13th Jud. Cir., Hillsborough Cty, Case No. 05-09596, September 8, 2006, Judge Charlotte Anderson).
