14 Fla. L. Weekly Supp. 874b
Insurance — Personal injury protection — Insurer breached contract by failing to provide certified copy of declarations page and copy of policy requested in demand letter
ELIZABETH TEETER, Plaintiff, v. NATIONAL SPECIALTY INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 06-28199, Division L. May 30, 2007. Joelle Ann Ober, Judge. Counsel: Timothy A. Patrick, Nicholas, Lipscomb & Patrick, P.A., Tampa, for Plaintiff. Chad Tatum, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT
THIS CAUSE came before the Court on May 16, 2007 on the Plaintiff’s Motion for Partial Summary Judgment. Present before the Court were Timothy A. Patrick, attorney for the Plaintiff and Chad Tatum, attorney for the Defendant. The Court after having heard argument of counsel, having reviewed the record and for the reasons stated on the record,
It is ORDERED AND ADJUDGED as follows:
1. The Plaintiff’s motion alleged that the Defendant failed to timely provide a certified copy of the Declaration Page and a copy of the insurance policy with endorsements after a pre-suit demand letter request.
2. The Plaintiff’s motion alleged that pursuant to F.S. Section 627.4137, the Defendant is required to provide a certified copy of the Declaration page and a copy of the insurance policy with endorsements.
3. Due to Defendant’s failure to timely provide this information to Plaintiff, Defendant breached its contract with the Plaintiff.
4. The Plaintiff’s Motion for Partial Summary Judgment is HEREBY GRANTED.
