15 Fla. L. Weekly Supp. 1101b

Insurance — Personal injury protection — Explanation of benefits — Insurer is not required to provide EOB to medical provider where insurer has not rejected or reduced claim, and provider has not made presuit request for EOB

FL MEDICAL & INJURY CENTER INC., a/a/o Yamil Rodriguez, Plaintiff, vs. FIRST ACCEPTANCE INSURANCE, Defendant. County Court, 9th Judicial Circuit in and for Osceola County. Case No. 08SC845. September 3, 2008. Ronald A. Legendre, Judge. Counsel: Michael Tierney, Michael Tierney, P.A., for Plaintiff. Jeffrey R. Davis, Brasfield, Fuller & Freeman, P.A., St. Petersburg, for Defendant.

ORDER

This cause having come before the Court on the 26th day of August, 2008, and the Court findings as follows:

That the Defendant Insurer is not required to provide an itemized specification to the Plaintiff, a Medical Provider, when the insurer has not rejected a claim and/or has not paid “only a portion of the claim submitted by the medical provider” and Plaintiff has not made a Pre-suit request to do so.

The Court being otherwise fully advised in the premises, it is hereby

ORDERED AND ADJUDGED that

The Defendant’s Motion for Summary Judgment is hereby GRANTED.