15 Fla. L. Weekly Supp. 1213a
Insurance — Personal injury protection — Declaratory judgment — Medical provider/assignee is entitled to obtain copy of PIP policy and declarations page directly from insurer
RICHARD J. ROBINSON, D.C., P.A., (As Assignee of Catherine McLeod), Plaintiff, vs. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 07-39131, Division M. October 16, 2008. Paul L. Huey, Judge. Counsel: Timothy A. Patrick, Nicholas & Patrick, P.A., Tampa. Stephen Lawler, Ramey & Kampf, P.A., Tampa.
FINAL JUDGMENT
The parties’ dueling motions for summary judgment having come before this Court for hearing on July 16, 2008,1 and the Court, having considered the record, the argument of the parties and researched applicable law,
FINDS, ADJUDGES AND DECREES:
1. That in this PIP case the sole issue is a § 86.011, Florida Statutes, declaratory judgment action seeking determination as to whether Richard J. Robinson, D.C., P.A., as an assignee of Catherine McLeod’s benefits under a PIP policy issued by USAA Casualty Insurance Company, is entitled to obtain directly from USAA a copy of McLeod’s insurance policy and declaration sheet.
2. That this Court finds that § 627.4137, Florida Statutes, which governs “liability” policies, as a matter of law does not apply to a no-fault, i.e., no liability, PIP policy.2 3 Nevertheless, the Court agrees with the reasoning in New Hampshire Indemnity Insurance Co. v. Rural Metro Ambulance a/a/o William Zaniboni, 13 Fla. L. Weekly Supp. 573a (18th Judicial Circuit Appellate Nov. 2005):
Surely, Zaniboni had a contractual right to receive a copy of his insurance policy and declarations page any time he saw fit. Likewise, Zaniboni was entitled to know what claims had been made and paid; as well as the benefits remaining, if any, at a given point in time. By executing an assignment of benefits, RMA obtained all of the rights and benefits of Zaniboni under the policy including the right to obtain the requested documentation. See State Fire and Cas. Co. v. Ray, 556 So. 2d 811, 812 (Fla. 5th DCA 1990) (citing Fla. Jr.2d, Assignments § 1 (1978) in defining an assignment as “. . .the act by which one person transfers to another, or causes to vest in another, his right of property or interest therein.”).
3. That the Court finds no merit in the argument that if an insurance company is not required to provide a PIP log, see, e.g., GEICO v. Florida Emergency Physicians, 972 So.2d 966 (Fla. 5th DCA 2007), then it is not required to provide the policy and the declaration page. Although there is no legal duty for the PIP carrier to create or maintain a PIP log, there is a legal duty for it to create a physical policy and a physical declaration page.
4. That the Court retains jurisdiction to determine whether Plaintiff is entitled to fees and costs for prevailing in its limited action. See, e.g., Ivey v. Allstate, 774 So.2d 679, 684 (Fla. 2000).
5. That Defendant’s Motion is DENIED.
WHEREFORE, USAA Casualty Insurance Company shall provide to Richard J. Robinson, D.C., P.A. a copy of the auto policy it issued to Catherine McLeod for the period including June 18, 2007, and its corresponding Declarations Page, within 10 days of the date of this Final Judgment.
__________________
1USAA agreed via letter to Court dated July 24, 2008 that Court could rule on Plaintiff’s motion for summary judgment without the need for further hearing.
2Holly M.D. v. Auld, M.D., 450 So.2d 217, 219 (Fla. 1984) (courts “without power to construe an unambiguous statute in a way that would extend, modify or limit its express terms or its reasonable and obvious implications. To do so would be an abrogation of legislative powers.”)
3Purpose of PIP is to provide for benefits “without regard to fault.” § 627.731, Fla. Stat. (2007). PIP is the antithesis of “liability.”
