15 Fla. L. Weekly Supp. 385a
Insurance — Personal injury protection — Notice of loss — HCFA form — Failure to provide physician credentials on HCFA forms — Partial summary judgment granted in favor of insurer
BRUCE M. GELCH, D.C., P.A. d/b/a PEMBROKE LAKES CHIROPRACTIC CENTER (a/a/o Alexander Almeida a/k/a Aleksander Almeida), Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 07-9700 COCE 53. February 1, 2008. Robert W. Lee, Judge. Counsel: Douglas A. Harrison, Pembroke Pines, for Plaintiff. Mary Valladares, Matt Hellman, P.A., Plantation, for Defendant.
ORDER GRANTING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
This cause came before the Court on January 28, 2008 for hearing of the Defendant’s Motion for Summary Judgment, and the Court’s having reviewed the Motion and entire Court file, heard argument, reviewed the relevant legal authorities, and been sufficiently advised in the premises, finds as follows:
The Defendant is seeking summary judgment based on the Plaintiff’s failure to substantially comply with the requirements of Florida Statute §627.736(5)(d) that the insurer be provided “proof of notice of a covered loss.” The Court agrees that it is undisputed that the Plaintiff failed to provide the physician’s credentials on the HCFA forms, a material omission under the statute. The Plaintiff claims, however, that the Defendant has waived this requirement, or is otherwise estopped to assert the noncompliance. The Court agrees that the Defendant has failed to eliminate all disputes of material fact as to the Plaintiff’s pled avoidances of waiver and estoppel. Nevertheless, pursuant to rule 1.510(d), the Defendant is entitled to partial summary judgment that the Plaintiff failed to comply with the requirements of Florida Statute §627.736(5)(d) when the Plaintiff failed to include the physician’s credentials on the submitted HCFAs. See Garcia v. United Automobile Ins. Co., 12 Fla. L. Weekly Supp. 888 (Broward Cty. Ct. 2005). Accordingly, it is hereby
ORDERED AND ADJUDGED that the Defendant’s Motion for Summary Judgment is GRANTED IN PART as set forth above.
