15 Fla. L. Weekly Supp. 729a
Insurance — Personal injury protection — Explanation of benefits — Insurer breached PIP policy by failing to provide EOB and failing to provide copy of policy and endorsements requested in demand letter — Standing — Assignment that assigned benefits but not cause of action is sufficient
OROZCO MEDICAL CENTER, INC. (As Assignee of Tiffany Campbell-Williams), Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 06-31655, Division H. April 17, 2008. Eric H. Myers, Judge. Counsel: Timothy A. Patrick, Nicholas, Lipscomb & Patrick, P.A., Tampa, for Plaintiff. Matthew Brumley, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT
THIS CAUSE, having come before the court on April 1, 2008, on Plaintiff’s Motion For Partial Summary Judgment with Timothy A. Patrick, Esquire for the Plaintiff and Matthew Brumley, Esquire for the Defendant, and the court having heard argument of counsel and the court, after hearing argument of counsel, for the reasons stated orally and recorded in open court, which shall constitute the decision of this court, it is, hereby ORDERED AND ADJUDGED as follows:
1. The Court finds that the Defendant breached the policy of insurance by failing to comply with Florida Statute 627.736(4)(b) in providing valid explanation of benefits (EOB) including an itemized statement for all charges submitted by the Plaintiff.
2. Further, the Court finds that the Defendant breached the policy of insurance by failing to provide a copy of the insurance policy and all endorsements as provided by Fla. Statute 627.4137 to the Plaintiff after it was requested in the Plaintiff’s pre-suit demand letter.
3. Defendant argued that the Plaintiff’s assignment of benefits was defective inasmuch as it only assigned the benefits, but not the cause of action. The court finds that the assignment of benefits is sufficient.
4. The Plaintiff’s Motion for Partial Summary Judgment is hereby GRANTED.
5. No issues remain in this case as Plaintiff withdrew its Motion for Final Summary Judgment.
