14 Fla. L. Weekly Supp. 977a
Insurance — Personal injury protection — Claim form — Disclosure and acknowledgment form — Where the only services rendered by provider for insured consisted of interpretation of diagnostic testing, which was not performed in presence of insured, provider is exempt from disclosure and acknowledgment form requirement
RADIOLOGY INTERPRETATION, INC., a/a/o DAYAMI ESPINOSA, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 06-22381 SP 25 (3). August 16, 2007. JACQUELINE SCHWARTZ, Judge. Counsel: Dennis A. Donet, Donet & Donet, LLP, Miami, for Plaintiff. John Sorensen, Office of the General Counsel, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT — DISCLOSURE & ACKNOWLEDGMENT FORM
THIS CAUSE having come for Hearing before the Court on August 3, 2007, upon the Plaintiff’s Motion for Partial Summary Judgment — Disclosure & Acknowledgment Form; and the Court having reviewed said Motion; having heard argument of counsel for the respective parties, and being otherwise fully advised in the premises, the Court makes the following,
FINDINGS OF FACT:
A. This Plaintiff is exempt from the Disclosure & Acknowledgment Requirement, pursuant to Fla. Stat. § 627.736(5)(e)(3), where the services rendered by Plaintiff for the Insured consisted only of the interpretation of diagnostic testing which was not performed in the presence of the Insured.
Therefore, it is, upon consideration,
ORDERED AND ADJUDGED:
B. That Plaintiff’s Motion for Partial Summary Judgment — Disclosure & Acknowledgment Form be, and the same is hereby granted.
C. That Defendant’s Affirmative Defense of “Failure to Comply with Disclosure & Acknowledgment Form” is hereby stricken.
