15 Fla. L. Weekly Supp. 638a

Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Where medical records and bills were submitted to insurer with standard D&A form, insurer was on notice of services and treatment rendered

COMPLETE WELLNESS MEDICAL CENTER OF SANFORD, INC., as assignee of Bruce Rabin, Plaintiff, vs. PROGRESSIVE SELECT INSURANCE COMPANY f/k/a PROGRESSIVE AUTO PRO INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 06-SC-4330. March 27, 2008. Donald L. Marblestone, Judge. Counsel: Donna C. Wyatt, Rutledge Bradford Attorneys At Law, Orlando. Robert D. Bartels, Orlando.

ORDER DENYING DEFENDANT’S MOTION FOR FINAL SUMMARY JUDGMENT

THIS MATTER having come before this Court on Defendant’s Motion for Final Summary Judgment and this Court having heard arguments of counsel and being otherwise fully advised in the premises, it is hereby,

ORDERED AND ADJUDGED that:

1. Defendant’s Motion for Summary Judgment is DENIED. The Court finds that Plaintiff complied with the requirements of 627.736(5)(e) based on the affidavit of Carol Yandell that billing and corresponding medical records were submitted to the Defendant with the Standard Acknowledgment and Disclosure Form and, therefore, Defendant was on actual notice of the services and treatment rendered.