7 Fla. L. Weekly Supp. 214a
Insurance — Personal injury protection — Interest — Where insurer paid certain bills for medical services rendered to insured beyond thirty-day period provided in section 627.736(4)(b), interest on overdue payments by insurer for PIP benefits commences on first day after submission of bills — Question certified: When an insurer pays PIP benefits for medical services more than thirty (30) days after submission, does interest commence on the first day after submission or the thirty-first day after submission?
MEDICAL REHAB AND THERAPY CENTER d/b/a PAIN CORRECTIVE CENTER OF BRANDON, INC., (as assignee of Shannon Patterson), Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 98-6419 SC, Division H. December 2, 1999. James M. Barton, II, Judge. Counsel: Meena Lopez, Tampa, for Plaintiff. Karen A. Barnett, Tampa, for Defendant.
NOTE: Order and judgments in this case voided upon finding of lack of standing. 7 Fla. L. Weekly Supp. 686a
FINAL JUDGMENT AND CERTIFICATION OF ISSUE OF GREAT PUBLIC IMPORTANCE
THIS CAUSE having come before the Court on November 22, 1999 on Defendant’s Request for Final Judgment, and both parties appearing through counsel and the Court having heard argument of counsel, and having granted Plaintiff’s Motion for Summary Judgment by Order dated September 14, 1999, the Court makes the following:
FINDINGS OF FACTS
1. The insured, Shannon Patterson, after being injured in an automobile accident on October 3, 1997, sought treatment with Plaintiff, a health care provider. Prior to treatment, the insured assigned to Plaintiff the personal injury protection (PIP) benefits contained in her insurance policy with Defendant.
2. Plaintiff submitted to Defendant bills for medical services rendered to the insured. Defendant paid certain bills beyond the thirty (30) day period provided in F.S. 627.736(4)(b).
3. On the late payments, Defendant calculated interest, beginning on the thirty-first day after submission of the bill.
4. In its amended statement of particulars, Plaintiff, calculating interest on late payments from the first after receipt of the bills by defendant, claimed that an additional $6.75 was due.
5. Plaintiff has not sought to further amend its statement of particulars.
CONCLUSION OF LAW
1. For the reasons expressed in its September 14, 1999 Order on Defendant’s and Plaintiff’s Motions for Summary Judgment [6 Fla. L. Weekly Supp. 791a], which is expressly incorporated by reference, the Court concludes that interest on overdue payments by an insurer for personal injury protection benefits commences on the first day after submission of the bills.
2. Plaintiff’s claim for interest in the instant case is limited to the amount contained in its amended statement of particulars. Although Plaintiff is now seeking a slightly higher amount, no motion to amend the statement of particulars has been filed.
3. ACCORDINGLY, Plaintiff MEDICAL REHAB AND THERAPY CENTER d/b/a PAIN CORRECTIVE CENTER OF BRANDON, INC., (As assignee of SHANNON PATTERSON) shall recover from the Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY the sum of $6.75 for all of which let execution issue and said sum shall draw interest at the rate of 10% per annum.
CERTIFICATION OF ISSUE OF GREAT PUBLIC IMPORTANCE
While the amount involved in this type case is small, the issue arises in countless similar cases and creates uncertainty amongst insurers and insureds alike. Consequently, the Court certifies the following issue as one of great public importance:
When an insurer pays PIP benefits for medical services more than thirty (30) days after submission, does interest commence on the first day after submission or the thirty-first day after submission?
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