17 Fla. L. Weekly Supp. 1118a

Online Reference: FLWSUPP 1711RFERInsurance — Application — Misrepresentations — Where there is no evidence supporting materiality of alleged misrepresentation, medical provider’s motion for final summary judgment seeking declaration of coverage is granted

PERSONAL MEDICAL CENTER, INC., (As Assignee of Rafael Fernandez-Ruiz), Plaintiff, vs. CORNERSTONE NATIONAL INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 2009-26556, Division: H. June 28, 2010. Eric R. Myers, Judge. Counsel: Timothy A. Patrick, Nicholas & Patrick, P.A., Tampa. Eric Deming.

FINAL SUMMARY JUDGMENT

THIS CAUSE having come before this Court on June 21, 2010 on Plaintiff’s Motion for Final Summary Judgment and Defendant’s Motion for Final Summary Judgment, with Timothy Patrick appearing for Plaintiff and Eric Deming appearing for Defendant. The court, having considered the following motion, having reviewed the record and having heard argument by counsel, rules for the reasons stated and recorded in open court, as follows:

ORDERED AND ADJUDGED:

1. There is no record evidence which supporting the materiality of an alleged misrepresentation. As such, Plaintiff’s Motion for Final Summary Judgment seeking a declaration of coverage is HEREBY GRANTED.

2. Defendant’s Motion for Final Summary Judgment is HEREBY DENIED.

3. The court reserves jurisdiction as to attorney’s fees and costs.