15 Fla. L. Weekly Supp. 374a

Insurance — Personal injury protection — Complaint states cause of action for breach of contract and declaratory relief for failure to provide policy and declarations page — Motion to dismiss denied

PRIMARY CARE MEDICAL GROUP, INC., A Florida Corporation, (assignee of Llovet, Maria), Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 07-14667 CC 23 (03). January 22, 2008. Linda Singer Stein, Judge. Counsel: Russel Lazega, Law Office of Russel Lazega, P.A., North Miami, for Plaintiff. Karen Trefzger, for Defendant.

ORDER DENYING DEFENDANT’S MOTION TO DISMISS COUNTS I AND II

THIS CAUSE came before the Court for hearing on November 28, 2007. After careful consideration of the Motion, legal authorities and argument of counsel, the Court’s findings are set forth below.

This is a multi-count P.I.P. case. Counts I and II claim breach of contract and declaratory relief, respectively, for failure to provide a copy of the policy of insurance and the policy declarations page, pursuant to F.S. s. 627.736 and/or 627.4137. Defendant’s Motion to Dismiss argues that Plaintiff has failed to state a cause of action in either count.

The Court finds that the complaint states a proper cause of action and adopts the reasoning of American Vehicle Ins. Co. v. Florida Emergency Physicians Kang & Associates, P.A., 14 Fla. L. Weekly Supp. 352a (9th Cir. App. Ct. Jan. 26, 2007). Florida Statutes s. 627.4137 requires an insurer to furnish a copy of the insurance policy and statement of coverage within 30 days of a written request. This Court finds that the requirements of F.S. s. 627.4137 are applicable in this case.

Therefore, it is hereby ORDERED that Defendant’s Motion to Dismiss is DENIED. Defendant shall answer to the complaint within 20 days.