28 Fla. L. Weekly Supp. 427a
Online Reference: FLWSUPP 2805ALLI
Insurance — Claim form — MRI provider not required to place professional license number in Box 31 of HCFA form
ALLIANCE SPINE & JOINT II INC., Plaintiff, v. GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COSO18011520, Division 61. June 30, 2020. Jackie Powell, Judge. Counsel: Vincent J Rutigliano, Rosenberg & Rosenberg, P.A., Hollywood, for Plaintiff. John H. Dougherty, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TODEFENDANT’S SEVENTH AFFIRMATIVE DEFENSE
THIS CAUSE came on to be heard on Plaintiff’s Motion For Partial Summary Judgment As to Defendant’s Seventh Affirmative Defense on June 24, 2020 at the Court having heard argument of Counsel, having reviewed the Court file, and being otherwise advised in the premises hereby ORDERED AND ADJUDGED as follows:
1. Defendant’s Seventh affirmative defense alleges no notice of covered loss because Plaintif failed to list the professional license number of the provider on the HCFA’s signature line.
2. Plaintiff alleges that they are entitled to summary judgment as the notice was substantially completed and that the Defendant sustained no prejudice.
3. In USAA Casualty Insurance Company v. Pembroke Pines MRI, Inc., 31 So.3d 234 (Fla. 4th DCA 2010) [35 Fla. L. Weekly D613b], the appellate court concluded that an MRI provider is not required to place a professional licensure number in Box 31 of the HCFA form.
The Court therefore GRANTS Plaintiff Motion for Partial Summary Judgment as to Defendant’s Seventh Affirmative Defense.
