6 Fla. L. Weekly Supp. 733a
Insurance — Personal injury protection — Insurer liable for payment of bill for nerve testing, plus statutory interest and attorney’s fees, where payment was denied thirty-five days after bill was received, and insurer did not have reasonable proof establishing that it was not responsible for payment of bill within thirty days of receipt
BENITA OGE, Plaintiff, vs. ALLSTATE INDEMNITY COMPANY, Defendant. County Court of the 20th Judicial Circuit in and for Lee County, Civil Action. Case No. 98-268 CC-LFH. July 28, 1999. Leigh Frizzell Hayes, Judge. Counsel: Evan D. Lubell, Cape Coral, for Plaintiff. Kristen H. Woolam, Ft. Myers, for Defendant.
FINAL JUDGMENT
This action was heard on Plaintiff’s Motion for Summary Judgment. On the evidence presented IT IS ADJUDGED that:
1. Plaintiff submitted a bill for nerve testing to Defendant, ALLSTATE INDEMNITY COMPANY, which was received by Defendant on November 6, 1997.
2. The defendant denied payment for said bill based on a report by Dr. James Kinsey dated December 11, 1997, which is thirty-five days after the bill was received by the Defendant.
3. According to Florida Statute §627.736(4)(b) and the cases of Dunmore v. Interstate Fire Insurance Company, 301 So.2d 502 (Fla. 1st DCA 1974); Crooks v. State Farm Mutual Automobile Insurance Company, 659 So.2d 1266 (Fla. 3rd DCA 1995); Martinez v. Fortune Insurance Company, 684 So.2d 201 (Fla. 4th DCA 1996); and Fortune Insurance Company v. Pacheco, 695 So. 2d 394 (Fla. 3rd DCA 1997), since Defendant did not have reasonable proof to establish that it was not responsible for payment of the nerve testing bill within thirty (30) days after it had received the bill it is liable for this expense plus statutory interest and attorneys fees.
4. Plaintiff, BENITA OGE, shall recover from Defendant, ALLSTATE INDEMNITY COMPANY, the sum of $1,392.80 plus ten percent (10%) statutory interest, that shall bear interest at the legal rate for which let execution issue forthwith.
5. This court shall reserve jurisdiction for an award of attorneys fees and costs in favor of the Plaintiff.
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