24 Fla. L. Weekly Supp. 147d
Online Reference: FLWSUPP 2402PASCInsurance — Personal injury protection — Coverage — Deductible — Declaratory action — Availability of remedy through action for breach of contract does not preclude action for declaratory relief regarding application of deductible
PASCO HMA, INC. d/b/a PASCO REGIONAL MEDICAL CENTER, Plaintiff, vs. PEAK PROPERTY AND CASUALTY INSURANCE CORP., Defendant. County Court, 6th Judicial Circuit in and for Pasco County. Case No. 51-2015-CC-3566-ES, Division D. May 17, 2016. William G. Sestak, Judge. Counsel: David Hwalek, Florida Advocates, Dania Beach for Plaintiff. Peter S. Nayrouz, Roig Lawyers, for Defendant.
ORDER DENYING DEFENDANT’S
MOTION TO DISMISS
THIS CAUSE coming before the Court on the Defendant’s Motion to Dismiss; and, the Court having heard argument of Counsel; and the Court having reviewed the Complaint, and the case law submitted by the Parties; and, the Court finding that:
1. Plaintiff has filed a Complaint for Declaratory Relief regarding the application of the deductible to PIP benefits pursuant to the contract of insurance.
2. Based on the review of the Complaint, Plaintiff has stated a cause of action for declaratory relief.
3. Although another adequate remedy exists for the Plaintiff, i.e., breach of contract, Chapter 86.111, Florida Statutes clearly provides that the existence of another adequate remedy does not preclude a judgment for declaratory relief.
Accordingly, it is hereby
ORDERED AND ADJUDGED that the Defendant’s Motion to Dismiss is DENIED.
