17 Fla. L. Weekly Supp. 126a

Online Reference: FLWSUPP 1702ACEV

Insurance — Personal injury protection — Conditions precedent — Mediation is not condition precedent to filing suit for PIP benefits

WEST HOLLYWOOD PAIN & REHABILITATION, P.A., (a/a/o Wilmer Acevedo), Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-8619 COCE. Division 50. October 21, 2009. Peter B. Skolnik, Judge. Counsel: Emilio R. Stillo, South Florida Trial Lawyers, LLC, Sunrise, for Plaintiff. Alina O’Connor, for Defendant.

ORDER

This cause having come on to be heard on Plaintiff’s Motion for Partial Summary Judgment as to Defense of Presuit Mediation as a Condition Precedent 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 is hereby GRANTED. Plaintiff is not required to submit to pre-suit mediation pursuant to Section 627.745 of the Florida Statutes or the Defendant’s policy of Insurance which mirrors the language of Section 627.745 prior to filing suit for No-Fault benefits pursuant to section 627.736 of the Florida Statutes. Complete Chiropractic v. UAIC, 16 FLa. L. Weekly Supp. 948b (Broward Circuit Ct. August 12, 2009.)