14 Fla. L. Weekly Supp. 108b
Insurance — Personal injury protection — Declaratory judgment — Insurer’s obligation to provide PIP log on presuit request from medical provider/assignee
BAYVIEW MEDICAL & REHAB CENTER, INC., (As assignee of Jesus Menendez), Plaintiff/Petitioner, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant/Respondent. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 05-03158, Division I. November 21, 2006. Charlotte W. Anderson, Judge. Counsel: Timothy A. Patrick, Nicholas, Lipscomb & Patrick, P.A., Tampa, for Plaintiff. William Capito, Haas, Dutton, Blackburn, Lewis, Guerra & Wainoris, P.L., Tampa, for Defendant.
Cert. Denied. 33 Fla. L. Weekly D1860b
FINAL JUDGMENT
Pursuant to the Order Granting Plaintiff’s Motion for Partial Summary Judgment entered in this matter on September 8, 2006 [13 Fla. L. Weekly Supp. 1214a], and on the evidence presented:
IT IS ADJUDGED that:
1. A Petition for Declaratory Relief for automobile insurance coverage was filed in this matter.
2. The Plaintiff moved for partial summary judgment based upon Defendant’s breach of contract action and declaratory action for Defendant’s failure to provide the Plaintiff with a copy of the PIP payout log.
3. On September 8, 2006, this Court entered an Order Granting Partial Summary Judgment finding that the Defendant was required to provide a copy of the PIP log to the Plaintiff pre-suit.
4. The Plaintiff/Petitioner is entitled to Final Judgment in this matter.
5. The Court reserves jurisdiction as to Plaintiff’s request for attorney’s fees and costs.
6. A copy of this Final Judgment shall be provided via United States Mail to the Defendant/Respondent through its counsel of record: Haas, Dutton, Blackburn, Lewis, Guerra & Wainoris, P.L., William Capito, Esquire, 4921 Memorial Highway, Suite, 200, Tampa, Florida 33634.
