14 Fla. L. Weekly Supp. 1149b
Insurance — Personal injury protection — Explanation of benefits — Failure to provide — Sufficiency of petition for declaratory judgment/complaint for breach of contract
SPINE REHABILITATION CENTER, INC. (As Assignee of Manuel Baez), Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, County Civil Claims Division. Case No. 06-17263, Division I. September 13, 2007. Charlotte Anderson, Judge. Counsel: Timothy A. Patrick, Nicholas, Lipscomb & Patrick, P.A., Tampa, for Plaintiff. Elizabeth E. Andrews, Kingsford & Rock, P.A., for Defendant.
ORDER DENYING DEFENDANT’S MOTION TO DISMISS AND/OR MOTION FOR MORE DEFINITE STATEMENT AS TO COUNT III
THIS CAUSE having come before the Court on August 30, 2007, on Defendant’s Motion to Dismiss/Motion for More Definite Statement as to Count III of Plaintiff’s Second Amended Petition for Declaratory Judgment and Complaint. Present before the Court were Plaintiff’s counsel, Timothy A. Patrick, Esquire and Defendant’s counsel, Elizabeth Andrews, Esquire. The Court after hearing argument of counsel and after review of the file, makes the following findings:
1. Count III of Plaintiff’s Second Amended Petition for Declaratory Judgment and Complaint is a breach of contract action that alleges that within thirty days of receipt of requests for medical reimbursement from the Plaintiff, the Defendant did not provide an itemized specification of each item that the insurer had reduced, omitted, or declined to pay pursuant to F.S. 627.736(4)(b).
2. Plaintiff has stated a sufficient cause of action.
3. The Defendant has ten (10) days from today’s hearing to file an amended answer.
4. Defendant’s Motion is HEREBY DENIED.
