8 Fla. L. Weekly Supp. 251a
Insurance — Personal injury protection — Interest — Partial summary judgment granted as to issue of statutory interest — Plaintiff entitled to summary judgment as matter of law on unpaid medical bills which defendant admits should have been paid, and to statutory interest
JULIO SILVA, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 99-19805 CC, Division J. December 21, 2000. Eric Myers, Judge. Counsel: William C. Rocker, Timothy A. Patrick, P.A., Tampa, for Plaintiff. Gerard Duignan, for Defendant.
ORDER ON PLAINTIFF’S MOTIONFOR PARTIAL SUMMARY JUDGMENT
THIS CAUSE having come before the Court on December 13, 2000, on Plaintiff’s Motion for Partial Summary Judgment, both parties appearing through counsel and the Court having heard argument of counsels, it is hereby:
ORDERED and ADJUDGED that
1. Plaintiff’s Motion for Partial Summary Judgment is hereby GRANTED as to the issue of statutory interest owed Plaintiff by Defendant, pursuant to Government Employees Insurance Co. v. Michelle Figueroa, 7 Fla. L. Wkly. Supp. 505 (13th Judicial Circuit, (Appellate) Hillsborough County, Appeal Case No. 99-4386, May 22, 2000, Edward H. Ward, Judge) wherein the Court held that Section 627.736(4)(b) requires interest on late payments to accrue from the date the bill is received by the insurer; and Joanna McNally v. Allstate Insurance Co., 5 Fla. L. Wkly. Supp. 632 (20thJudicial Circuit, May 14, 1998) wherein the Court held that interest on overdue payments must be calculated from the date the insurer received notice of the medical bill;
2. The Court hereby reserves ruling as to the amount of interest owed to Plaintiff by Defendant;
3. The Defendant admits in the deposition transcript thatit should have paid medical bills for West Bay Chiropractic for dates of service July 16 through July 21 in the amount of $170.00. (Please refer to page 51, line 7 through line 25). As such, Plaintiff is entitled to summary judgment as a matter of law on said unpaid bills, along with statutory interest.
4. The Court hereby reserves ruling as to amount of attorney’s fees and costs owed to Plaintiff by Defendant.
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