15 Fla. L. Weekly Supp. 946a
Insurance — Personal injury protection — Complaint — Premature — Request for mediation — Statute which provides that filing demand for mediation tolls requirements for filing suit for 60 days does not apply to action for PIP benefits
ROBERT HANOPOLE, D.C., P.A., A/A/O ROSEMARIE DIXON, Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-08501 COWE 81. July 21, 2008. Jane D. Fishman, Judge. Counsel: Michael Fischetti, Law Offices of Shuster & Saben, L.L.C., Plantation. Matt Hellman.
ORDER ON PLAINTIFF’S PARTIAL MOTION FOR SUMMARY JUDGEMENT AS TO DEFENDANT’S AFFIRMATIVE DEFENSE OF FAILURE TO ENGAGE IN PRESUIT MEDIATION IN VIOLATION OF §627.745
After hearing Arguments from the Plaintiff and Defendant it is hereby ordered and adjudged that:
1. Plaintiff’s Motion For Summary Judgment As To Defendant’s Affirmative Defense Of Failure To Engage In Presuit Mediation In Violation Of §627.745 is GRANTED.
2. This court finds that Florida Statute 627.745 does not apply to an action for Personal Injury Protection benefits.
3. This Court finds that Florida Statute 627.745 applies to claims for personal injury and claims for property damage as stated unambiguously in the statute.
4. Florida Statute 627.745 is simply unambiguous. It clearly applies to cases for personal injuries and property damage. All other actions that are not for personal injuries or property damages do not fall under the statute.
