26 Fla. L. Weekly Supp. 6a
Online Reference: FLWSUPP 2601SHORInsurance — Personal injury protection — Trial court did not err in dismissing second PIP lawsuit brought by provider/assignee against insurer — Statute requires a claimant seeking PIP benefits to bring all claims related to same provider for same injured person to be brought in one action unless good cause is shown why claims should be brought separately
JAMES D. SHORTT, M.D., P.A., etc., Appellant, v. HARTFORD INSURANCE COMPANY OF THE MIDWEST, Appellee. Circuit Court, 12th Judicial Circuit (Appellate) in and for Sarasota County. Case No. 2016-AP-2986. L.T. Case No. 2014-SC-4296-NC. January 26, 2018. Appeal from the County Court for Sarasota County, The Honorable Judy Goldman, Judge. Counsel: Chad L. Christensen, Ellis, Ged, & Bodden, P.A., Boca Raton, for Appellant. David C. Borucke, Cole Scott & Kissane, P.A., Tampa, for Appellee.
(CARROLL, Judge.) This appeal involves the trial court’s dismissal of a second PIP lawsuit brought by a medical provider under an assignment of benefits against the insurance carrier. The Court has considered all arguments raised by Appellant and concludes they are without merit.
As an additional reason for affirmance, section 627.736(15), Florida Statutes, requires a claimant seeking PIP benefits “against an insurer” to bring “all claims related to the same health care provider for the same injured person shall be brought in one action, unless good cause is shown why such claims should be brought separately.” Here, the trial court permitted the health care provider an opportunity to demonstrate good cause.
Affirmed.
