16 Fla. L. Weekly Supp. 175b
Online Reference: FLWSUPP 162EDOUA
Insurance — Personal injury protection — Section 627.4137 requires insurer to provide copy of PIP policy and declarations page upon presuit request by medical provider — Providing documents to insured’s attorney did not satisfy insurer’s obligation to furnish documents to provider
CARE PLUS INJURY REHAB, INC., a Florida Corporation (assignee of Edouard, Sufice), Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 07-11943 SP 23 (03). December 1, 2008. Linda Singer Stein, Judge. Counsel: Russel Lazega, Law Office of Russel Lazega, P.A., North Miami, for Plaintiff. Pinkert Law Firm, P.A., Miami, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO COUNT II OF AMENDED COMPLAINT
THIS CAUSE came before the Court for hearing on October 23, 2008. After careful consideration of the Motion, legal authorities and argument of counsel, the Court’s findings are set forth below.
Factual Background:
This is an amended multi-count P.I.P. suit. At issue for this hearing is a claim for partial summary judgment as to the issue of liability as to Count II of Plaintiff’s Amended Complaint (claiming breach of contract for failure to provide Plaintiff with a copy of the policy and declarations information per F.S. s. 627.4137). Specifically, Plaintiff claims that Defendant was required by Florida Statute s. 627.4137 to respond within 30 days to Plaintiff’s request for the policy and declarations information set forth in the Statute. Defendant responds that: 1) Florida Statute s. 627.4137 does not apply to P.I.P. and 2) that Defendant satisfied any alleged obligation under the Statute by providing the information to the patient’s attorney. The parties agree that these facts are not in dispute.
Legal Authorities:
This Court follows its recent decision in Primary Care Medical Group, Inc. v. United Auto. Ins. Co., 15 Fla. L. Weekly Supp. 374a (Miami-Dade County, Jan. 22, 2008) and finds that Florida Statute s. 627.4137 applies to P.I.P. This reasoning has been followed in Angel Taylor v. United Auto. Ins. Co., 15 Fla. L. Weekly Supp. 722a (Miami-Dade County, May 13, 2008.)
See also, Advanced Chiropractic & Rehabilitation Center v. United Auto. Ins. Co., 15 Fla. L. Weekly Supp. 833a (Miami-Dade County, June 16, 2008), which holds that Defendant failed to comply with its obligation to provide this information as requested to the Plaintiff. Defendant provided the information to the patient’s attorney and not to the Plaintiff. Such action is not in compliance with the statute.
Accordingly, Plaintiff’s Motion for Partial Summary Judgment is GRANTED on the issue of liability. The issue of damages is not before the court and will be addressed at a later hearing if so requested.
