19 Fla. L. Weekly Supp. 663a
Online Reference: FLWSUPP 1908FRIEInsurance — Coverage — Medical expenses — Claim — Timeliness — Where affidavit of medical provider’s billing manager was sufficient to trigger presumption that bill at issue was timely mailed and was received by insurer, provider’s motion for summary judgment is granted
ORTHOPAEDIC CLINIC OF DAYTONA BEACH, P.A., as assignee of Robert Frierson, Plaintiff, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2011 30996 COCI, Division 84. April 2, 2012. Stasia Warren, Judge.
ORDER GRANTING PLAINTIFF’S MOTION FORFINAL SUMMARY JUDGMENT ANDDENYING DEFENDANT’S MOTION FORFINAL SUMMARY JUDGMENT
THIS MATTER having come before this Honorable Court on Plaintiff’s Motion for Final Summary Judgment and Defendant’s Motion for Final Summary Judgment on March 15, 2012 and this Honorable Court having heard arguments of counsel and being otherwise fully advised in the premises, hereby
ORDERS AND ADJUDGES that:
1. It is well-established law in the State of Florida that mail that is properly addressed, stamped and mailed is presumed to have been received by the addressee. Brown v. Giffen Industries, Inc., 281 So. 2d 897 (Fla. 1973); Home Insurance Co. v. C & G Sporting Goods, Inc., 453 So. 2d 121 (Fla. 1st DCA 1984) and Berwick v. Prudential Property & Casualty Assurance Co., 436 So. 2d 239 (Fla. 3rd DCA 1983). Further, proof of a general office practice satisfies the requirement of showing due mailing. See Brown, Home Insurance and Berwick.
2. Plaintiff presented record evidence, specifically the affidavit of Plaintiff’s Billing Manager, Donna Tepper, sufficient to trigger the presumption that the bill at issue in this case for date of service November 18, 2009 was timely mailed and received by Defendant.
3. Defendant failed to present any record evidence sufficient to overcome the presumption that the bill at issue in this case for date of service November 18, 2009 was timely received by Defendant.
Based on the foregoing, it is hereby ORDERED and ADJUDGED that Plaintiff’s Motion for Final Summary Judgment is hereby GRANTED and Defendant’s Motion for Final Summary Judgment is hereby DENIED.
Final Judgment is hereby granted in favor of Plaintiff, ORTHOPAEDIC CLINIC OF DAYTONA BEACH, P.A., as assignee of Robert Frierson, wherein Plaintiff shall recover from Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, the sum of $206.46 plus 8% interest in the amount of $37.83 for a total sum of $244.29 for which sum let execution issue.*
The Court finds Plaintiff is entitled to reasonable attorneys’ fees and costs. The Court reserves jurisdiction to determine the amount of Plaintiff’s attorneys’ fees and costs pursuant to Fla. Stat. §§627.736, 627.428 and 57.041.
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*Post judgment interest of 4.75% per annum shall be due on this judgment pursuant to Fla. Stat. §55.03.
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