15 Fla. L. Weekly Supp. 374b

Insurance — Personal injury protection — Notice of loss — HCFA claim form — Failure to provide a professional license number in Box 31 of HCFA form does not bar a claim for PIP benefits when provider submitted copies of all professional licenses in its possession along with the bills to the insurer

FINLAY DIAGNOSTIC CENTER, INC., a/a/o TANIA GUTIERREZ, Plaintiff(s), vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant(s). County Court, 11th Judicial Circuit and for Miami-Dade County, Civil Division. Case No. 05-05866 SP 26 (04). February 12, 2008. Gloria Gonzalez-Meyer, Judge. Counsel: Maria E. Corredor and Lina Husseini, Law Offices of Maria E. Corredor, P.A., Miami, for Plaintiff.

ORDER DENYING DEFENDANT’S MOTION FOR FINAL SUMMARY JUDGMENT

THIS CAUSE came before the Court on the 11th day of December, 2007 on Defendant’s Motion for Final Summary Judgment and after hearing argument from counsel,

It is ORDERED AND ADJUDGED

1. The Defendant’s Motion for Final Summary Judgment is denied. Defendant argued that the Plaintiff failed to comply with the requirement of Fla. Stat. 627.736(5)(d) and (4)(b) because Box 31 of the HCFA did not contain the provider’s professional license number.

2. It is undisputed that the Plaintiff provided the Defendant with copies of all professional licenses attached to the HCFA forms.

3. The Court finds that the Plaintiff substantially complied with Fla. Stat. 627.736(4)(b) thereby putting the Defendant on notice of a covered loss pursuant to Fla. Stat. 627.736(4)(b).