15 Fla. L. Weekly Supp. 850c
Insurance — Personal injury protection — Declaratory judgment — Insurer is obligated presuit to provide copy of declaration page and policy to medical provider
FLORIDA EMERGENCY PHYSICIANS KANG AND ASSOCIATES, MD, PA as assignee of Alfonso Leo, Plaintiff, vs. CAROLINA CASUALTY INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit, in and for Seminole County. Case No. 07-SC-002930. June 18, 2008. Donald L. Marblestone, Judge. Counsel: Richard Oliver Hale, IV, Orlando. Doug Nail, Orlando.
ORDER GRANTING PLAINTIFF’S MOTION FOR FINAL SUMMARY JUDGMENT AS TO COUNT II
THIS MATTER having come before this Court on Plaintiff’s Motion for Final Summary Judgment as to Count II and this Court having heard arguments of counsel and being otherwise fully advised in the premises, it is hereby,
ORDERED AND ADJUDGED that:
1. The Plaintiff’s Motion for Final Summary Judgment as to Count II is HEREBY GRANTED and an entry of Final Judgment as to Count II is ORDERED.
2. This Court finds that pursuant to Florida Statute Section 627.4137, a claimant, by definition, is any person or entity making a claim.
3. The Court sees no distinction and does not have the jurisdiction to look beyond the definition of claimant, as described above, and determine whether or not the claimant has a proper claim.
4. The Court is further bound by Quinones v. White, 06-114-AP (2008), holding that an insurance carrier is obligated, pre-suit, to provide a copy of the patient’s declarations page and policy.
5. The Court rules the Plaintiff is entitled to attorney’s fees and costs, pursuant to Florida Statute Section 627.428, but reserves jurisdiction to determine amount.
