14 Fla. L. Weekly Supp. 789a
Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Failure to list services actually rendered on form is fatal to PIP claim
PREZIOSI WEST/EAST CHIROPRACTIC CLINIC, P.A., a/a/o FEDERICO VEGA, Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit for Seminole County. Case No. 06-SC-4820. May 11, 2007. Rom W. Powell, Senior Judge. Counsel: Michael Tierney. Eric Biernicki, Adams & Diaco, P.A., Tampa.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
This case came on for hearing on May 8, 2007 on defendant’s motion for summary judgment. The Court has carefully considered the motion, supporting affidavit, plaintiff’s response, the cases cited and arguments of counsel.
The undisputed material fact is that when plaintiff submitted its disclosure and acknowledgment form required by Sec. 627.736(5)(e)1., Florida Statutes, the form omitted a listing of services actually rendered even though the form had a space marked and provided for this.
All of the courts considering this issue except one1, including this Court2, have held that the failure to list on the form the services actually provided, as required by sub-paragraphs (5)(e)1. ofthe statute, is fatal to a plaintiff’s PIP claim. These cases have rejected all of the arguments made by plaintiff in its written response and its counsel’s argument in the instant case. Accordingly, it is
ORDERED that defendant’s motion for final summary judgment is granted.
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1NW Broward Orthopaedic Assoc’s, P.A. v. United Automobile Ins. Co., 13 Fla. L. Weekly Supp. 740a, Broward County Court May 11, 2006; Ft. Lauderdale Pain Center, Inc. v. Allstate Ins. Co., 13 Fla. L. Weekly Supp. 1006a, July 17, 2006; Miami-Dade County Court, July 17, 2006; Martin v. Progressive Pro Auto Ins. Co., Duval County Small Claims Court Case No. 16-2005-SC-008073, January 29, 2007; Clark v. Progressive Express Ins. Co., Duval County Court Case No. 16-2006-SC-004375 December 20, 2006; Janowski v. Progressive Select Inc. Co., Duval County Court Case No. 16-06-4481, March 8, 2007. Contra Weiss v. Progressive Express Ins. Co., 13 Fla. L. Weekly Supp. 395a (Sloop, Judge).
2Orthopaedic Clinic v. Progressive Auto Pro Ins. Co., Case No. 05-SC-2783 (Seminole County Court May 7, 2007) (Hall, Senior Judge).
