15 Fla. L. Weekly Supp. 1011b
Insurance — Personal injury protection — Declaratory judgment — Insurer is required to provide copy of declarations page and policy to medical provider/assignee — No merit to argument that provision of documents to insured imputes knowledge of contents of documents to provider
BELLA-MAR INJURY CLINIC, INC. (As Assignee of Ofelia Portieles), Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, County Civil Division. Case No. 06-18508, Division L. July 28, 2008. Joelle Ann Ober, Judge. Counsel: Timothy A. Patrick, Nicholas & Patrick, P.A., Tampa, for Plaintiff. Michael Liebgold, Luks, Santaniello, Perez, Petrillo & Gold, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE came before the Court on July 17, 2008 on the parties’ competing Motions for Summary Judgment. Present before the Court were Timothy A. Patrick for the Plaintiff and Michael Liebgold, 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 copy of the Declaration Page and a copy of the insurance policy to Plaintiff after a Pre-Suit Demand Letter request.
2. Defendant’s motion argued that by providing a copy of the Declaration page and insurance policy to its insured at the inception of its claim, an assignee medical provider stands in the shoes of the assignor and that, knowledge of the contents of the insurance policy can be imputed from the insured to the medical provider assignee.
3. The court agrees with Plaintiff’s motion that pursuant to F.S. Section 627.4137, the Defendant is required to provide a copy of the Declaration Page and a copy of the insurance policy to a medical provider assignee.
4. The Defendant failed to timely provide this information to the Plaintiff, a medical provider assignee, who was entitled to receive these documents directly from the Defendant.
5. The Plaintiff’s Motion for Summary Judgment as to Count II is HEREBY GRANTED.
6. Plaintiff withdrew Count I of its Amended Petition.
7. Defendant’s Motion for Summary Judgment is HEREBY DENIED.
