15 Fla. L. Weekly Supp. 624d

Insurance — Personal injury protection — Explanation of benefits — Insurer breached policy by failing to provide EOB and failing to provide copy of policy and endorsements requested in demand letter

THE HEALTHPLACE, INC. (As Assignee of Marisol Campe), Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 07-24659, Division H. March 17, 2008. Eric R. Myers, Judge. Counsel: Timothy A. Patrick, Nicholas, Lipscomb & Patrick, P.A., Tampa, for Plaintiff. Matthew Brumley, for Defendant.

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AS TO COUNT III

THIS CAUSE, having come before the court on March 3, 2008, on Plaintiff’s Motion For Summary Judgment as to Count III, with Helen Stratigakos, Esquire appearing on behalf of Timothy A. Patrick, Esquire for the Plaintiff and Matthew Brumley, Esquire appearing on behalf of Defendant, and the court having heard argument of counsel and the court, after hearing argument of counsel, for the reasons stated orally and recorded in open court, which shall constitute the decision of this court, it is, hereby ORDERED AND ADJUDGED as follows:

1. The Court finds that the Defendant breached the policy of insurance by failing to comply with Florida Statute 627.736(4)(b) in providing a valid explanation of benefits including an itemized statement for all charges submitted by the Plaintiff.

2. Further, the Court finds that the Defendant breached the policy of insurance by failing to provide a copy of the insurance policy and all endorsements as provided by Fla. Statute 627.4137 to the Plaintiff after it was requested in the Plaintiff’s demand letter.

2. The Plaintiff’s Motion for Summary Judgment as to Count III is hereby GRANTED.