16 Fla. L. Weekly Supp. 341c
Online Reference: FLWSUPP 164ROBIN
Insurance — Personal injury protection — Cause of action for nonpayment of PIP benefits accrued in county which is site of foreign insurer’s sole Florida office to which medical provider submitted its claim — No merit to argument that cause of action accrued in county in which provider maintains office to which payment was due to be sent — Motion to transfer venue granted
DIGITAL MEDICAL DIAGNOSTIC, INC. a/a/o MADELINE ROBINSON, Plaintiff, vs. EXPLORER INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 2008-28443-SP-23. December 29, 2008. Eric Wm. Hendon, Judge. Counsel: Paul K. Schrier. Robert M. Lyerly, Masten, Lyerly, Peterson, Denbo & Gobel, LLC, Orlando, for Defendant.
ORDER GRANTING MOTION TO TRANSFER VENUE, MOTION FOR EXTENSION OF TIME TO RESPOND TO DISCOVERY AND MOTION FOR PROTECTIVE ORDER
THIS CAUSE, having come before the Court on Defendant’s Motion to Transfer Venue, Motion for Extension of Time to Respond to Discovery and Motion for Protective Order, and the Court, having reviewed the case file and otherwise being fully advised of the premises it is hereby ORDERED and ADJUDGED as follows:
1. Defendant, EXPLORER INSURANCE COMPANY, issued a policy of insurance to Madeleine Robinson which provided personal injury protection coverage subject to the terms, conditions and exclusions contained within the policy and as otherwise provided by applicable Florida law. During the effective period of the policy, Ms. Robinson submitted a claim indicating that she was involved in a motor vehicle accident and received injuries as a result thereof. Explorer Insurance Company also received claims from three other individuals who occupied Ms. Robinson’s vehicle.
2. Ms. Robinson purportedly received x-rays from Plaintiff in Orange County, Florida as a result of the aforementioned motor vehicle accident. Thereafter, Plaintiff submitted claims to Defendant which sought to recover payment directly from Defendant for medical services purportedly provided to Ms. Robinson. These claims were submitted to Explorer Insurance Company, a foreign corporation with its principle office located in Seminole County, Florida.
3. Plaintiff filed the above-referenced suit in Miami-Dade County, seeking to recover payment of the unpaid PIP benefits. Defendant filed a timely Motion to Transfer Venue, Motion for Extension of Time to Respond to Discovery and Motion for Protective Order. The basis of the motion was the fact that the only contact with Miami-Dade County is the fact that Plaintiff maintained its office in Miami-Dade County, Florida. It is undisputed that Defendant’s only office in Florida is located in Seminole County; the policy of insurance was issued in Orange County, Florida; the accident which gave rise to the purported medical treatment occurred in Orange County, Florida; the individuals who occupied the vehicle at the time of the loss resided in Orange County, Florida; the Plaintiff performed the services at issue in Orange County, Florida; and the Plaintiff submitted a claim to Defendant for direct payment to its office in Seminole County, Florida. Plaintiff filed an affidavit in opposition to the motion alleging that it maintains its office in Miami-Dade County and that it would be inconvenient for it to litigate this case in Orange County, Florida.
4. During the hearing, Defendant made an Ore Tenus Motion to Transfer Venue for improper venue.
5. According to Florida Statutes, §47.051, actions against foreign corporations such as Explorer Insurance Company, doing business in the state, shall be brought in the county where such corporation has an agent or other representative, where the cause of action accrued, or where the property in litigation is located. Plaintiff argued that the cause of action accrued in Miami-Dade County, Florida due to the fact that payment was due to be sent to its office in Miami-Dade County, Florida. The court finds this argument to be unpersuasive pursuant to case law cited by Plaintiff. More specifically, pursuant to Black Hawk Quarry Co. of Florida, Inc. v. Hewitt Contracting Co., Inc. 931 So. 2d. 179 (Fla. 5th DCA 2006), the cause of action at issue herein accrued where the failure of performance occurred. Since the claim at issue was submitted to Explorer Insurance Company in Seminole County, Florida, the cause of action for breach of contract accrued in Seminole County, Florida, the Court hereby transfers this case to Seminole County, Florida.
6. Defendant’s Motion to Transfer Venue, Motion for Extension of Time to Respond to Discovery and Motion for Protective Order is hereby GRANTED. Defendant shall serve a response to Plaintiff’s Complaint within twenty (20) days of the case being transferred to Seminole County, Florida. Defendant shall serve a response to any outstanding discovery in the matter within thirty (30) days of the case being transferred to Seminole County, Florida.
7. The Clerk of this Court is ordered to transfer the above-captioned case to Seminole County, Florida. Defendant, EXPLORER INSURANCE COMPANY, shall incur the cost of the fees for transferring this case.
