17 Fla. L. Weekly Supp. 1030b
Online Reference: FLWSUPP 1710FERN
Insurance — Personal injury protection — Independent medical examination — Failure to attend — Where it is undisputed that insured received notices of two IMEs and failed to attend IMEs without providing reason, excuse or explanation, final summary judgment is entered in favor of insurer
HEALTH USA, CORP., (a/a/o Petronilo Fernandez), Plaintiff, vs. INFINITY INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 09-4294 SP 26 (02). June 29, 2010. Gladys Perez, Judge. Counsel: Neil M. Gonzalez, Law Offices of Gonzalez & Associates, Miami, for Plaintiff. Leslie M. Goodman, Law Office of Deborah P. Izquierdo, Miami, for Defendant.
ORDER ENTERING FINAL JUDGMENT FOR DEFENDANT
THIS CAUSE, Defendant’s Motion for Entry of Final Judgment, the Court having reviewed the file and being otherwise advised in the premises, enters this Final Judgment for the Defendant:
1. Plaintiff filed this lawsuit for personal injury protection (“PIP”) benefits for treatment rendered to Petronilo Fernandez from December 22, 2008 through February 27, 2009 for injuries allegedly sustained in an automobile accident occurring on or about November 8, 2008.
2. Defendant filed a Motion for Final Summary Judgment on January 5, 2010 based upon the insured’s failure to attend two Independent Medical Examinations (“IME”) on February 16, 2009 and March 10, 2009.
3. Defendant filed Affidavits of its Litigation Adjuster and JBA Medical, Inc., Defendant’s IME vendor, in support of its Motion for Summary Judgment which detailed that Petronilo Fernandez received the notices for both IMEs at the address he provided in his application for insurance and his application for PIP benefits.
4. Plaintiff filed no competent evidence in opposition to Defendant’s Motion for Final Summary Judgment and relied solely on legal argument.
5. It was undisputed that Petronilo Fernandez received the notices for his IME appointments and that Mr. Fernandez failed to attend two IME appointments without providing reason, excuse or explanation.
6. Defendant established that no material issue of fact remained as to Petronilo Fernandez’s failure to attend two Independent Medical Examinations as required by the insurance policy and Florida Statutes §627.736 (7).
7. This Court granted Defendant’s Motion for Final Summary Judgment on June 8, 2010 after it had reviewed the motion, court file, heard arguments and reviewed binding legal authority. See United Auto. Ins. Co. v. Custer Medical Cntr., 990 So. 2d 633 (Fla. 3d DCA 2008), rev. granted 15 So. 3d 580 (Fla. Aug. 31, 2009); accord Chirocorp, Inc. (a/a/o Veronica Lema) v. Bristol West Ins. Co., 16 Fla. L. Weekly Supp. 444b (11th Cir. Cty. Ct. February 13, 2009).
8. As this Court granted Final Summary Judgment in favor of the Defendant on June 8, 2010, no issues remain.
Accordingly, it is hereby: ORDERED and ADJUDGED that the Defendant’s Motion for Entry of Final Judgment is GRANTED. The Plaintiff shall take nothing in this action, and the Defendant shall go hence without day. The Court reserves jurisdiction on the issue of Defendant’s attorney’s fees and costs.
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ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE came before the Court on the 8th of June, 2010 on the Defendant’s Motion for Final Summary Judgment. The Court, having reviewed the motion and court file, heard arguments of the parties, and reviewed binding legal authority, ORDERS that said motion is hereby GRANTED. See United Auto. Ins. Co. v. Custer Medical Cntr., 990 So. 2d 633 (Fla. 3d DCA 2008), rev. granted 15 So. 3d 580 (Fla. Aug. 31, 2009); accord Chirocorp, Inc. v. Bristol West Ins. Co., 16 Fla. L. Weekly Supp. 444b (11th Jud. Cir. Cty. Ct. Feb. 13, 2009), and cases cited therein.
