15 Fla. L. Weekly Supp. 1031a
Insurance — Personal injury protection — Declaratory judgment — PIP log — Where insurer was not required to provide PIP log to insured, insured never requested PIP log, insurer nonetheless provided log to insured presuit, and there is no present controversy regarding coverage or payment of medical bills, insurer is entitled to summary judgment in declaratory action for PIP log
ROBERT AYERS, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 05-SC-004341. April 11, 2008. Donald L. Marblestone, Judge. Counsel: Valencia Percy Flakes, Masten, Lyerly, Peterson, Denbo & Gobel, LLC, Maitland. David S. Dougherty, Coury Law Firm, P.A., Lake Mary.
FINAL SUMMARY JUDGMENT IN FAVOR OF DEFENDANT
THIS CAUSE came on before the Court at February 5, 2008, on Defendant’s Motion for Final Summary Judgment, and the Court having heard argument of counsel and being otherwise fully advised in the premises, hereby makes the following findings:
1. On or about December 15, 2005, Plaintiff filed a one-count Complaint seeking declaratory relief under Chapter 86, for a purported Personal Injury Protection (“PIP”) log.
2. The record evidence presented to the court demonstrated that a PIP log was provided to the Plaintiff at least two times before the lawsuit was filed. Specifically, the record reflected that the PIP log was provided on October 15, 2004, and again on October 26, 2004.
3. At the deposition of the Plaintiff, he testified that he never requested a PIP log and that he was not aware of any medical providers that had not been paid. Thus, there is not any amount in controversy in this matter.
4. Based on the recent decision of the Fifth District Court of Appeal in Geico General Insurance Company v. Florida Emergency Physicians, it is clear that insurers are not required to provide a PIP log pre-suit. See also, Southern Group Indemnity v. Humanitary Health Care 32 Fla. L. Weekly D1396 (Fla. 3d DCA 2007).
5. Here, even though State Farm had no obligation to provide a PIP log, it did so before this lawsuit was filed.
6. In addition, there is no present controversy in this matter. Plaintiff testified he was not aware of any dispute regarding payment of his medical bills, was not aware of any medical bills that had not been paid, did not request a PIP log, and had no questions regarding his coverage under the insurance policy.
7. Based on the foregoing, there are no genuine issues of material fact and Defendant is entitled to judgment as a matter of law.
Based on the foregoing findings of fact and conclusions of law, it is hereby
ORDERED and ADJUDGED as follows:
1. Defendant’s Motion for Final Summary Judgment is GRANTED. Final Summary Judgment is hereby entered in favor of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and against ROBERT AYERS. Plaintiff shall take nothing by this action, and State Farm shall go hence without day.
2. The Court reserves jurisdiction to award attorneys’ fees and costs in favor of State Farm and against Plaintiff, including jurisdiction to determine the issue of entitlement and the amount of such attorneys’ fees.
