18 Fla. L. Weekly Supp. 1186a
Online Reference: FLWSUPP 1811HACO
Insurance — Personal injury protection — Coverage — Where medical provider failed to respond to insurer’s timely and justified request for information, summary judgment is entered in favor of insurer
BEST LINE MEDICAL CENTER, INC., as assignee of Hamettd Acosta, Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 10-033416. August 24, 2011. Gaston Fernandez, Judge.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE, having come before this Honorable Court on August 10, 2011, on Defendant’s Motion for Summary Judgment, and the Court having reviewed the file, having heard argument of counsel, and after being fully advised in the premises herein, it is hereby:
ORDERED AND ADJUDGED that in looking at this case and this case only, and listening to the facts that were presented, the Court grants Defendant’s Motion for Summary Judgment and finds that there was no response on behalf of the Plaintiff to Defendant’s request for information pursuant to Florida Statute §627.736(6)(b). It is further
ORDERED AND ADJUDGED that the Court finds that there was timely compliance by the Defendant in requesting the information pursuant to Florida Statute §627.736(6)(b). It is further
ORDERED AND ADJUDGED that the Court finds that there was justification on the part of the Defendant to make further inquiries to Plaintiff. It is further
ORDERED AND ADJUDGED that there was no Motion before the Court to make specific findings regarding the deposition testimony of Richard Scott Grant. Therefore, Plaintiff’s Ore Tenus Motion to Compel that testimony was denied. It is further
ORDERED AND ADJUDGED that the Plaintiff, BEST LINE MEDICAL CENTER, INC., a/a/o HAMETTD ACOSTA, shall take nothing by this suit as to Defendant, STATE FARM FIRE AND CASUALTY COMPANY, and Defendant shall go hence without day. It is further
ORDERED AND ADJUDGED that this Honorable Court hereby retains jurisdiction to entertain Defendant’s Motion for Entitlement to Attorney Fees and Costs.
