17 Fla. L. Weekly Supp. 138b

Online Reference: FLWSUPP 1702POLY

Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Medical provider substantially complied with D&A form requirement — Insurer cannot raise deficiency of D&A form as defense after payment of claim

ISO-DIAGNOSTIC TESTING, INC A/A/O STEPHANIE POLYNICE, Plaintiff, v. DIRECT GENERAL INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 09 00130 COCE 56. November 18, 2009. Linda R. Pratt, Judge. Counsel: Michael James Fischetti, for Plaintiff. Jose Font, for Defendant.

ORDER

THIS CAUSE having come on to be heard on Defendant’s Motion for Summary Judgment and the Court having heard argument of counsel, and being otherwise advised in the Premises, it is hereupon,

ORDERED AND ADJUDGED that said motion be, and the same hereby denied. The Court finds that the Plaintiff substantially complied with F.S. 627.736(5)(e) and further, because Defendant made payment on the bill, it cannot subsequently raise a deficiency in the Disclosure and Acknowledgment form. Donald W. Lowery, D.C., vs. Progressive Select Insurance Company, 16 Fla. L. Weekly Supp. 755a (Co Ct. 4th Cir. July 10, 2008).