27 Fla. L. Weekly Supp. 837a
Online Reference: FLWSUPP 2709MARZInsurance — Personal injury protection — Insurer breached contract by failing to pay PIP claim within thirty days and failing to extend payment period pursuant to section 627.736(4)(i)
HILLSBOROUGH THERAPY CENTER., INC., (a/a/o Alicia Alayon Marzo), Plaintiff, v. GEICO INDEMNITY COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 18-CC-020020. July 29, 2019. Miriam Valkenburg, Judge. Counsel: Timothy A. Patrick, Patrick Law Group, P.A., Tampa, for Plaintiff.
AGREED ORDER GRANTING PLAINTIFF’S MOTIONFOR FINAL SUMMARY JUDGEMENT
THIS MATTER having come before the court on Plaintiff’s Motion for Final Summary judgment. The court having considered the Motion, the arguments presented by counsel, applicable law, and being otherwise fully advised, finds,
1. The subject date of loss occurred on 1/3/18, whereby Defendant also received notice of the loss from its named insured. On 1/4/18, 2018, the Defendant opened a PIP claim.
2. The initial medical bills for were received by the Defendant on 1/22/18 for DOS 1/4/18. In support of Plaintiff’s Motion, Plaintiff attached the deposition transcript of Defendant’s Corporate Representative, Nina Gomes, conducted on 11/12/18.
3. It is undisputed that Defendant did not deny coverage in this claim until 8/27/18.
4. Defendant admitted that it did not deny coverage in this claim until well past 90 days from the receipt of the initial medical bills.
5. This Court adopts the ruling in GEICO Indemnity Co. v. Central Florida Chiropractic Care (a/a/o David Cherry), 26 Fla. L. Weekly Supp. 613a (9th Jud. Cir. Orange County [Appellate], Case No.: 2016-CV-000038-A-O, May 11, 2017, Judge Steve Jewett) wherein the court noted that the statutory language requiring PIP benefits to be paid within 30 days remained in effect, and that the legislative carved out a way to extend the investigative time under section 627.736(4)(i), Florida Statutes (2014) for an additional 60 days, but “made sure to indicate that the insurer must pay or deny the claim” at the end of the 60 days.
6. This Court recently followed the statutory 30 day investigative time requirement in Regions All Care Health Center, LLC (a/a/o Herve Alindor) v. Windhaven Ins. Co. (Fla. 13th Jud. Cir. Ct., Hillsborough Cty., Case No. 18-CC-2158, May 23, 2019, Miriam Valkenburg, Judge) [27 Fla. L. Weekly Supp. 406a].
7. Defendant conceded that they failed to adhere to the statutory 30 day time requirement nor did they avail themselves of the additional statutory 60 day time period.
8. As such, Plaintiff’s Motion for Final Summary Judgment is HEREBY GRANTED.
9. The court reserves jurisdiction over attorney’s fees and costs.
