27 Fla. L. Weekly Supp. 406a
Online Reference: FLWSUPP 2704ALINInsurance — Personal injury protection — Declaratory judgments — Coverage — Where insurer did not deny coverage on PIP claim until almost 5 months after receipt of medical bills, insurer is liable for claim
REGIONS ALL CARE HEALTH CENTER, LLC, (a/a/o Herve Alindor), Plaintiff, v. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 18-CC-002158. May 24, 2019. Miriam Valkenburg, Judge. Counsel: Timothy A. Patrick, Patrick Law Group, P.A., Tampa, for Plaintiff..
ORDER GRANTING PLAINTIFF’S MOTION FORSUMMARY JUDGMENT & FINALDECLARATORY JUDGMENT THEREON
THIS MATTER having come before the court on May 6, 2019 on Plaintiff’s Motion for Summary Judgment. The court having considered the Motion, the arguments presented by counsel, applicable law, and being otherwise fully advised, finds,
1. This is an action for declaratory relief governed by the Florida Declaratory Judgment Act F.S. 86.011.
2. The subject date of loss occurred on 7/7/17, whereby Defendant received notice of the loss on 7/11/17.
3. On 7/25/17, the initial medical bills for were received by the Defendant for DOS 7/10/17 – 7/20/17.
4. It is undisputed that Defendant did not respond to any of the medical bills received in this claim until 12/15/17, subsequent to receiving a Pre-Suit Demand Letter from Plaintiff.
5. On 6/26/18, this Court entered an Order whereby Plaintiff’s Amended Complaint was deemed filed on 6/14/18. Defendant was ordered to file a response to said Amended Complaint within 20 days of 6/26/28. Although Defendant did not timely file its Amended Answer and Affirmative Defenses until 5/3/19, the Court will accept the late filing.
6. Defendant admitted that it did not deny coverage in this claim until well past 90 days from the receipt of the initial medical bills.
7. This Court finds that inasmuch as the Defendant waited almost 5 months to deny Plaintiff’s medical bills, Defendant did not comply with the statutory 30 day time requirement to process medical bills.
8. The Court finds that Defendant’s amended affirmative defenses do not establish any basis to deny Plaintiff’s motion.
ACCORDINGLY it is hereby ORDERED & ADJUDGED that Plaintiff’s Motion for Summary Judgment is HEREBY GRANTED and that FINAL DECLARATORY JUDGMENT is hereby entered for Plaintiff against Defendant, declaring that:
Defendant is liable on the policy to the Plaintiff for the subject PIP claim;
The Court reserves jurisdiction to award Plaintiff damages for the outstanding medical bills as supplemental relief incident to this declaratory judgment; 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.
