27 Fla. L. Weekly Supp. 892a
Online Reference: FLWSUPP 2710MRODInsurance — Personal injury protection — Confession of judgment — Validity — Confession of judgment is invalid for failing to indicate exact amount of PIP benefits and statutory interest for which insurer is confessing
GR REHAB CENTER, INC., a/a/o Maikel Rodriguez, Plaintiff, v. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 2019-007508-CC-25, Section CG03. November 26, 2019. Patricia Marino Pedraza, Judge. Counsel: Walter A. Arguelles, Arguelles Legal, P.L., Miami, for Plaintiff. Ashley Arends, Windhaven Claims Management, Miami, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO STRIKEDEFENDANT’S CONFESSION OF JUDGMENT
THIS MATTER, having come before the Court for hearing on November 26, 2019, on Plaintiff’s Motion to Strike Defendant’s Confession of Judgment, the Court having reviewed the Plaintiff’s motion, read relevant legal authority, heard argument from counsel of each party, and having been sufficiently advised in the premises, finds as follows:
1. This case is an action under Florida Statute §627.736 to recover unpaid medical bills for treatment/services rendered by the Plaintiff under a Personal Injury Protection (PIP) policy issued by the Defendant.
2. On October 11, 2019, the Defendant filed a “Confession of Judgment” in which the Defendant acknowledges its responsibility for benefits owed plus interest for the medical treatment rendered to Maikel Rodriguez as a result of the injuries sustained in relation to the automobile accident that occurred on October 14, 2018.
3. In response to same, the Plaintiff filed its Motion to Strike Defendant’s Confession of Judgment and asserts that the purported “Confession” is invalid as it fails to indicate the exact amount of PIP benefits, and applicable interest, the Defendant is confessing for.
4. This Court agrees with Plaintiff’s assertion and finds that the Defendant’s filing fails to satisfy even the most basic requirements of a Confession of Judgment, such as the amount the Defendant is confessing to and the amount of statutory interest owed, which applicable to common law confessions of judgment.
5. Without same, the Plaintiff is unable to ascertain whether the amount the Defendant intends to Confess to is in fact is the proper amount owed pursuant to Florida law and its policy language.
Therefore, it is ORDERED and ADJUDGED that as a matter of law, Plaintiff’s Motion to Strike Defendant’s Confession of Judgment is hereby GRANTED. The Defendant shall file an Amended Confession within twenty (20) days specifying the amount of PIP benefits, and applicable interest, the Defendant is confessing for. The Confession stands for purposes of liability.
