15 Fla. L. Weekly Supp. 392a
Insurance — Personal injury protection — Insurer’s obligation under section 627.4137 to provide information and copy of policy upon request from medical provider was not eliminated by defect in claim
BRUCE M. GELCH, D.C., P.A., etc. vs. UNITED AUTOMOBILE INS. COMPANY. County Court, 17th Judicial Circuit in and for Broward County. Case No. 07-9700 COCE 53. January 28, 2008. Robert W. Lee, Judge.
ORDER
THIS CAUSE having come on to be heard on Plaintiffs’ Motion for Summary Judgment as to Count III; and Plaintiffs’ Motion for Summary Judgment as to Count IV and the Court having heard argument of counsel, and being otherwise advised in the Premises, it is hereupon,
ORDERED AND ADJUDGED that said Motions are, and the same are hereby GRANTED. The undisputed “summary judgment evidence” established that the Plaintiff, as claimant under the insured’s policy, requested under Fla. Stat. §627.4137 the sworn information required, as well as a copy of the policy, but the insurer failed to provide it despite the request. The Court rejects Defendant’s argument that a defect in the claim itself under the PIP statute eliminates the insurer’s obligation to respond to a bona fide claimant under the separate, general provision of §627.4137.
