24 Fla. L. Weekly Supp. 840a
Online Reference: FLWSUPP 2410LEONInsurance — Personal injury protection — Answer — Amendment — Denial — Motion to amend answer to assert affirmative defense relating to PIP statute’s 35-day billing requirement is denied — Amendment would be futile because requirement is not applicable to plaintiff hospital
FLORIDA HOSPITAL MEDICAL CENTER, as assignee of George Leon, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2015-SC-8877-O. July 11, 2016. Jeanette D. Bigney, Judge. Counsel: Robert D. Bartels, Bradford Cederberg P.A., Orlando, for Plaintiff. Justin M. Bleakley, Orlando, for Defendant.
ORDER
THIS MATTER having come before this Honorable Court on Defendant’s Motion for Leave to Amend Answer and Affirmative Defenses and this Honorable Court having reviewed sections of the PIP statute as well as case law presented and considering arguments of counsel and being otherwise fully advised in the premises, it is hereby,
ORDERED AND ADJUDGED that:
1. Defendant’s Motion for Leave to Amend Answer and Affirmative Defenses (certificate of serve November 5, 2015) is hereby DENIED.
2. Defendant’s request to amend the previous Amended Answer to include an affirmative defense regarding the PIP statute’s 35 day billing requirement is found to be futile. See generally, Life Gen. Sec. Ins. Co. v. Horal, 667 So. 2d 967 (Fla. 4th DCA 1996) [21 Fla. L. Weekly D434a](leave to amend should not be denied unless the privilege has been abused, there is prejudice to the opposing party, or amendment would be futile) and Rosario v. Procacci Commercial Realty, Inc., 717 So. 2d 148 (Fla. 5th DCA 1998) [23 Fla. L. Weekly D2108b]. In reaching this conclusion this Court acknowledges and recognizes the Plaintiff is a hospital which is an exception to the 35 day billing requirement. See Fla. Stat. §627.736(5)(c)(2014).
