28 Fla. L. Weekly Supp. 161a
Online Reference: FLWSUPP 2802JEAN
Insurance — Personal injury protection — Application — Misrepresentations — Where insurer breached PIP policy and violated PIP statute by failing to pay or deny claim within 30 days of its initiation and did not invoke additional time period for investigation of claim, insurer’s rescission of policy for alleged misrepresentation in application was improper
REGIONS ALL CARE HEALTH CENTER, INC., (a/a/o Remy Jean), Plaintiff, v. CENTURY-NATIONAL INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 18-CC-054839. April 14, 2020. Michael C. Bagge-Hernandez, Judge. Counsel: Timothy A. Patrick, Patrick Law Group, P.A., Tampa, for Plaintiff.
ORDER GRANTING PLAINTIFF’S MOTION FOR FINAL SUMMARY JUDGMENT
THIS MATTER having come before the court on April 14, 2020 on Plaintiff’s Motion for Final Summary Judgment, Defendant’s Motion to Compel Plaintiff’s Counsel to Produce Claimant for Deposition, Motion to Continue Plaintiff’s Motion for Summary Judgment and Motion for Sanctions. The court having considered the Motions, the arguments presented by the parties, applicable law, and being otherwise fully advised, finds,
1. This is a Declaratory action under Florida Statutes Chapter 86 seeking a coverage declaration based upon Defendant’s rescission of the subject policy. Defendant’s rescission was based upon an alleged material misrepresentation for an alleged failure to list household members on the insurance application by the named insured, Remy Jean.
2. Plaintiff’s motion for summary judgment seeks entry of summary judgment arguing that Defendant violated the PIP statute by failing to pay or deny the claim within 30 days and did not invoke the additional time limitation under Fla. Stat. 627.736(4)(i), and as such, Defendant was in breach of contract and Defendant’s rescission of the policy was improper.
3. Defendant’s Motion to Compel Plaintiff’s Counsel to Produce Claimant for Deposition is HEREBY DENIED.
4. Defendant’s Motion to Continue Plaintiff’s Motion for Summary Judgment is HEREBY DENIED.
5. Defendant’s Motion for Sanctions is HEREBY DENIED.
6. Regarding Plaintiff’s Motion for Final Summary Judgment, the Court bases its ruling on three (3) cases. The claim must be denied or paid 30 days following the initiation of the claim. The failure to adhere to the statutorily time frame is itself a breach of contract. Amador v. United Automobile Ins. Co., 748 So.2d 307 (Fla. 3rd DCA 1999) [24 Fla. L. Weekly D2437a]; The burden is clearly upon the insurer to authenticate the claim within the statutory time period. Nothing within the statute allows for the time to be arbitrarily increased by the insurer for an indefinite amount of time. Ivey v. Allstate Ins. Co., 774 So.2d 679 (Fla. 2000) [25 Fla. L. Weekly S1103a]; The denial of benefits implicates subsection (4)(b) which requires insurers to pay valid claims within 30 days or face a penalty. An insurer may elect to deny a claim under subsection (4)(b), when it has reasonable proof to establish that the insurer is not responsible for the payment. State Farm Mut. Auto. Ins. Co. v. Williams, 824 F.3d 1311 (2014) [25 Fla. L. Weekly Fed. C771a].
7. Because the Defendant violated the PIP statute by failing to pay or deny the claim within 30 days and did not invoke the additional time limitation under Fla. Stat. 627.736(4)(i), Defendant itself was in breach of contract. As such, Plaintiff’s Motion for Final Summary Judgment is HEREBY GRANTED.
