15 Fla. L. Weekly Supp. 682a
Insurance — Personal injury protection — Declaratory judgment — PIP payout log — Insurer was not required to provide PIP log to assignee/medical provider — Trial court erred in entering summary judgment in favor of provider on claim for declaratory relief as to entitlement to PIP log
STATE FARM AUTOMOBILE INSURANCE COMPANY, Appellant(s), vs. RURAL METRO AMBULANCE., INC, a/a/o ANGELA BROWN, Appellee(s). Circuit Court, 18th Judicial Circuit (Appellate) in and for Seminole County. Case No. 06-85-AP. L.C. Case No. 04-SC-1004. April 3, 2008. Appeal from County Court, Seminole County. Counsel: Hinda Klein, Hollywood, for Appellant. Rutledge M. Bradford, Orlando, for Appellee.
(PERRY, J.) State Farm Insurance Company (“State Farm”) appeals a judgment entered in favor of Rural Metro and against State Farm on Rural Metro’s claim of entitlement to the policy and declarations page issued to Brown, and for a PIP payout log.
Assuming that Rural Metro had standing to bring this action, pursuant to the recent holdings in Geico General Insurance Company v. Florida Emergency Physicians, 972 So. 2d 966 (Fla. 5th DCA 2007) and Southern Group Indemnity, Inc. v. Humanitary Health Care, Inc., 33 Fla. L. Weekly D752 (Fla. 3d DCA 2008), rehearing en banc, this Court finds that the trial court erred in entering summary judgment in favor of Rural Metro on the claim for declaratory relief as to entitlement to the PIP payout log.
Accordingly, the Final Judgment is REVERSED, and the case is REMANDED for proceedings consistent with this opinion and in light of Geico General and Southern Group Indemnity.
