15 Fla. L. Weekly Supp. 84b

Insurance — Personal injury protection — Interest due on overdue claim is not subject to 10% statutory penalty

SPINE & REHAB MEDICINE, P.A. (As Assignee of FAITH WALKER), Plaintiff, v. MERCURY INSURANCE COMPANY OF FLORIDA, Defendant. County Court, 5th Judicial Circuit in and for Hernando County. Case No. H-27-SP-2006-201. December 15, 2006. Kurt E. Hitzemann, Judge. Counsel: Timothy A. Patrick, Lipscomb, Nicholas & Patrick, P.A., Tampa, for Plaintiff. David B. Kampf, Ramey & Kampf, P.A., Tampa, for Defendant.

ORDER DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

THIS MATTER having come before the Court on the Plaintiff’s Motion for Partial Summary Judgment and the Court having reviewed the file, the pleadings, heard the arguments of counsel and the Court being otherwise fully advised in the premises, finds as follows:

The issue before the Court concerns the interpretation of Florida Statute section 627.736. The question presented to the Court specifically was whether the Defendant must pay a 10% penalty on the amount of interest that is due pursuant to the statute.

The Court finds that this matter has been ruled upon earlier by the Honorable Judge Donald E. Scaglione in S.M.S. DO, PA, d/b/a Gulf Coast Medical Center o/b/o Norman Brown v. USAA Casualty Insurance Company, H-27-SP-2004-791, Hernando County Court, November 15, 2005. In that case the Court determined that the amount of interest due is not subject to the 10% penalty prescribed by the statute.

The Court adopts the holding in S.M.S. DO, PA, d/b/a Gulf Coast Medical Center o/b/o Norman Brown v. USAA Casualty Insurance Company, H-27-SP-2004-791, Hernando County Court, November 15, 2005. Therefore, it is

ORDERED AND ADJUDGED that the Plaintiff’s motion is DENIED.