16 Fla. L. Weekly Supp. 199b
Online Reference: FLWSUPP 162FIGEU
Insurance — Personal injury protection — Independent medical examination — Failure to attend — Notice — Where insurer that received representation letter from insured’s attorney specifically requesting notice of IME failed to send notice of IME to attorney, insured had no obligation to attend IME — No merit to argument that insurer was not required to provide notice to attorney where representation letter and IME notice sent to insured crossed in mail; insurer was required to provide notice to attorney once it received representation letter
NDNC NEUROLOGICAL TREATMENT CENTERS, INC. (a/a/o Jocelia Figeuroa) vs. UNITED AUTOMOBILE INSURANCE COMPANY. County Court, 17th Judicial Circuit in and for Broward County. Case No. 06-19689 COCE (53). October 25, 2008. Robert W. Lee, Judge. Counsel: Emilio R. Stillo, South Florida Trial Lawyers LLC, Sunrise, for Plaintiff. Terri Kim, Office of the General Counsel of United Automobile Insurance Company, for Defendant.
REVERSED at 17 Fla. L. Weekly Supp. 172a
ORDER GRANTING PLAINTIFF’S MOTION FOR FINAL SUMMARY JUDGMENT
THIS CAUSE came before the Court October 1, 2008, on Plaintiff’s Motion for Final Summary Judgment, and the Court’s having reviewed the entire Court file; heard argument; reviewed relevant legal authorities; and been sufficiently advised in the premises, the Court finds as follows:
Background. The Plaintiff treated Jocelia Figeuroa from October 17, 2002 to January 16, 2003 for injuries suffered in an automobile accident on October 15, 2002. Medical treatment rendered by the Plaintiff totaled $6,617.50. On November 12, 2002, United received a representation letter from Jocelia Figeuroa’s attorney which expressly requested that any compulsory medical examinations be scheduled with his office. On November 12, 2002 and December 3, 2002, United requested compulsory medical examinations through a vendor. No notices were provided to the patient’s attorney. The Defendant argues that the representation letter and the initial notice to the patient may have crossed in the mail and thus the Defendant was not required to provide notice to the attorney.
Conclusions of Law. When an insurer fails to notify the attorney of an insured of a compulsory medical examination when the attorney specifically requested notice of same, the patient cannot be found to have “unreasonably” refused to attend such an examination and the Defendant cannot avail itself of the defense as a matter of law. American Skyhawk Insurance Company v. Barbara Chacon, 8 Fla. L. Weekly Supp. 593b (Miami Circuit Ct. 2001) citing Security Insurance Company v. Cimino, 754 So.2d 697 (Fla.2000). The Court rejects the Defendant’s argument that it was not required to provide notice to the attorney. Once the insurer has express notice that the insured is represented by counsel and specifically requests notice, they must provide notice. Id. The Court finds as a matter of law that the patient had no obligation to attend.
ORDERED and ADJUDGED that Plaintiff’s Motion for Final Summary Judgment is hereby granted.
