9 Fla. L. Weekly Supp. 557a
Insurance — Personal injury protection — Punitive damages — Where insurer claims that defendants falsely represented through the submission of HCFA-1500 and MRI reports that they had provided MRI services to insured to induce insurer to pay for MRI that defendants did not perform or interpret, and insurer justifiably relied on false representations in making payment to defendants for services they did not render, leave to add claim for punitive damages is granted
THE HARTFORD INSURANCE COMPANY OF THE MIDWEST, INC., a foreign corporation, Plaintiff, vs. CLINIC CENTER, INC., and AIM X-RAY AND DIAGNOSTICS, INC., Defendants. County Court, 11th Judicial Circuit in and for Dade County. Case No. 00-11534-CC-05. May 28, 2002. A. Leo Adderly, Judge. Counsel: Beth A. Moriarty. Kevin W. Whitehead.
ORDER ON PLAINTIFF’S MOTIONFOR LEAVE TO ADD PUNITIVE DAMAGES
THIS CAUSE having come before the Court, upon Plaintiff’s Motion for Leave to Add Punitive Damages, and the Court being fully advised in the premises, it is hereby:
ORDERED AND ADJUDGED:
1. Plaintiff has brought suit against the Defendants, CLINIC CENTER, INC., and AIM X-RAY AND DIAGNOSTICS, INC., regarding payment made pursuant to a bill submitted in the form of a HCFA-1500 by AIM X-RAY and DIAGNOSTICS, INC.
2. The Exhibits attached and incorporated into the Complaint include medical bills submitted via the HCFA-1500 MRI reports that resulted from the reading and interpreting of MRIs, and checks issued by the Plaintiff as payment for each bill submitted. The Complaint alleges that through submission of the HCFA-1500 and MRI reports, the Defendants falsely represented it had provided MRI services to Hartford’s insured, Carrie Moses; all done with knowledge and intent; in order to induce the Hartford to pay AIM X-RAY and DIAGNOSTICS, INC., for the MRI it did not perform or interpret; and where the Hartford justifiably relied upon the false representations made by CLINIC CENTER, INC. and AIM X-RAY and DIAGNOSTICS, INC. through payments made to AIM X-RAY and DIAGNOSTICS, INC. for services that AIM X-RAY and DIAGNOSTICS, INC. did not render.
3. This Court finds sufficient evidence in the record pursuant to Section 768.72, Florida Statutes, to allow leave to add a claim for punitive damages.
4. Accordingly, Plaintiff’s Motion for Leave to Add Punitive Damages is hereby GRANTED.
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