27 Fla. L. Weekly Supp. 407b
Online Reference: FLWSUPP 2704CORDInsurance — Personal injury protection — Summary judgment is entered in favor of medical provider where insurer did not deny coverage until more than 90 days after receipt of claim
PARK PLACE THERAPY, LLC, (a/a/o Yoander Cordovi-Rivero), Plaintiff, v. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 18-CC-045570. June 12, 2019. Miriam V. Valkenburg, Judge. Counsel: Timothy A. Patrick, Patrick Law Group, P.A., Tampa, for Plaintiff.
FINAL SUMMARY JUDGMENT
THIS MATTER having come before the court on June 7, 2019 on Plaintiff’s Motion for Final Summary Judgment. The court having reviewed the file, considered the motion, the arguments presented by counsel, applicable law, and being otherwise fully advised, finds,
1. This is a PIP breach of contract seeking damages in an amount less than $10,000.00 for dates of service 2/20/17 – 4/19/17.
2. The subject date of loss occurred on 2/15/17, whereby Defendant received notice of the loss.
3. On 3/14/17, the initial medical bills for were received by the Defendant.
4. It is undisputed that Defendant did not deny any of Plaintiff’s medical bills in this claim until 5/26/17.
5. This Court finds that it is undisputed that Defendant did not comply with the statutory 30 day time requirement to process medical bills.
6. 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.
7. Summary Judgment granted for Plaintiff as Defendant admitted that it did not deny coverage until well past 90 days from the receipt of the initial medical bills. Hillsborough Therapy Center, Inc. (a/a/o Eliel Marzo) v. GEICO Ind. Co., (Fla. 13th Jud. Cir. Hillsborough Cty. Ct., Case No. 18-CC-19972, May 30, 2019, Miriam Valkenburg, Judge) [27 Fla. L. Weekly Supp. 408a]; See also 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]; Hillsborough Therapy Center, Inc. (a/a/o Edileidy Marzo) v. GEICO Ind. Co., (Fla. 13th Jud. Cir. Hillsborough Cty. Ct., Case No. 18-CC-20019, May 13, 2019, Joelle Ann Ober, Judge) [27 Fla. L. Weekly Supp. 313a]; Hillsborough Therapy Center, Inc. (a/a/o Jaiden Marzo) v. GEICO Ind. Co., (Fla. 13th Jud. Cir. Hillsborough Cty. Ct., Case No. 18-CC-20062, May 13, 2019, Joelle Ann Ober, Judge) [27 Fla. L. Weekly Supp. 313b];
ACCORDINGLY it is hereby ORDERED & ADJUDGED that Final Summary Judgment is HEREBY GRANTED in favor of Plaintiff in the amount of $7,188.67 in benefits and statutory interest in the amount of $799.59 for a total of $7,988.26, FOR WHICH SUM LET EXECUTION ISSUE FORTHWITH. The Court also reserves jurisdiction to award Plaintiff taxable costs and attorney’s fees for successful prosecution of this action pursuant to F.S. 57.104 & 627.428.
