6 Fla. L. Weekly Supp. 328c
Insurance — Personal injury protection — Error to grant summary judgment based on finding that it was reasonable to require wage verification form before payments commenced under section 627.736(4)
VARTNIE DAVIS, Appellant, vs. COLONIAL INSURANCE CO. OF CALIFORNIA, Appellee. 19th Judicial Circuit in and for St. Lucie County, Appellate Division. Circuit Case No. 96-1611-CA-25. L.T. Case No. 96-2140-CC-20. Decision filed January 8, 1998. Appeal from County Court St. Lucie County, Thomas Walsh, presiding Judge. Counsel: George Muller, Blake, Torres & Muller, P.A., Fort Pierce, for Appellant,. Peter W. Wildman, Law Office of Luis G. Figueroa, West Pam Beach, for Appellee.
(PER CURIAM.) The trial court granted summary judgment finding that it was reasonable to require a wage verification form before payments begin under Fla. Stat 627.736(4). We REVERSE because the statute does not require a wage verification form before payment begins. Martinez v. Fortune Ins. Co., 684 So.2d 201 (Fla. 4th DCA 1996); Fortune Insurance Co. v. Pacheco, 22 F.L.W. D1076 (Fla. 3d DCA 1997); Dunmore v. Interstate Fire Ins. Co., 301 So.2d 502 (Fla. 1st DCA 1974).
REVERSED and REMANDED. (SMITH, KANAREK and MORGAN, Acting Circuit Judge, JJ., concur.)
* * *
