15 Fla. L. Weekly Supp. 1213b
Insurance — Personal injury protection — Insurer cannot use its investigative rights to extend 30-day period without reasonable proof that it is not responsible for claim — Insurer owes statutory interest and penalty on bills which were paid late
MRI ASSOCIATES OF SPRING HILL, INC., d/b/a SPRING HILL MRI (As Assignee of Jason Richardson), Plaintiff, vs. PEACHTREE CASUALTY INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 07-24014, Division J. October 1, 2008. Gaston J. Fernandez, Judge. Counsel: Timothy A. Patrick, Timothy A. Patrick, P.A., Tampa, for Plaintiff. Matthew Brown, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE, having come before the court on July 29, 2008, on both parties’ Motions For Summary Judgment with Timothy A. Patrick, Esquire for the Plaintiff and Matthew Brown, Esquire for the Defendant, and the court having heard argument of counsel, it is, hereby ORDERED AND ADJUDGED as follows:
1. The court agrees with the following cases and holdings contained therein. The burden to authenticate a claim within the statutory time period is clearly upon the insurer, and the “insurer cannot use its investigative rights to extend the 30-day period without reasonable proof that it is not responsible for the claim.” Amador v. United Auto. Ins. Co., 748 So.2d 307 (Fla. 3rd DCA 1999). If a claim becomes overdue, the insurer is subject to specific penalties once a payment is made on an overdue claim, including interest. State Farm Fire and Cas. Co. v. Perez, 808 So. 2d 82 (Fla. 2001).
2. The court finds that the case law and the statute are in conflict. Nonetheless, the PIP statute is to be construed in favor of the insured.
3. As such, Plaintiff’s Motion for Summary Judgment is HEREBY GRANTED.
4. The Defendant owes statutory interest and penalty on the bills paid late on June 26, 2007.
5. Defendant’s Motion for Summary Judgment is HEREBY DENIED.
