24 Fla. L. Weekly Supp. 828b

Online Reference: FLWSUPP 2410ROBIInsurance — Personal injury protection — Coverage — Medical expenses — Timeliness of claim — Where insured submitted bills to workers’ compensation carrier but did not submit bills to PIP insurer, bills were not overdue, and demand letter to PIP insurer was premature — Because bills were not submitted to PIP insurer within 35 days, summary judgment is granted in favor of insurer

ROBERT P. ROBINSON, Plaintiff, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2013 23421 CONS, Division 71. October 31, 2016. Christopher Kelly, Judge. Counsel: Eric Deming, Orlando, for Plaintiff. Randall A. Wainoris, Dutton Law Group, P.A., Tampa, for Defendant.

ORDER OF FINAL SUMMARY JUDGMENT

THIS CAUSE having come on to be heard before the Court on October 13, 2016 on Defendant’s Motion for Summary Judgment. This Court, having reviewed the Court file, the Defendant’s Motion and Plaintiff’s written response, and after hearing argument of counsel, and being otherwise informed of the premises, is hereby

ORDERED and ADJUDGED:

1. There are no genuine issues of material fact.

2. Defendant is entitled to Final Summary Judgement in this matter.

3. The record evidence presented by the parties shows the following facts are undisputed, to wit:

a. Although the bills at issue in this matter were submitted to the Plaintiff’s Worker’s Compensation Carrier for reimbursement, neither the Plaintiff nor the Plaintiff’s providers submitted the bills to the Defendant: thus the bills were not over-due and Plaintiff’s presuit demand letter was therefore premature.

b. Florida Statutes 627.736 is clear and requires that bills that do not reference emergency services or prescriptions are required to be submitted to the PIP insurer within 35 days: that was not done in this case.

c. There is nothing in the Worker Compensation Statute or case law that would relieve a provider or insured of the obligation to submit bills within 35 days.

d. It is undisputed that the bills at issue in this matter were not submitted within 35 days.

e. There was no showing that the Plaintiff was deprived access to the Courts.

WHEREFORE, based upon the foregoing, Final Summary Judgment is Granted in favor of Defendant. Plaintiff, ROBERT P. ROBINSON shall take nothing from this action, and UNITED SERVICES AUTOMOBILE ASSOCIATION, shall go hence without day. The court reserves jurisdiction to determine taxable attorney’s fees and costs and entitlement to same.