9 Fla. L. Weekly Supp. 565a
Insurance — Personal injury protection — Affirmative defense is stricken, and insurer is ordered to refrain from reference to or inference as to insured’s failure to sign health insurance claim forms
TOTAL HEALTH CARE OF FLORIDA as assignee for Reina Perez, Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 01-015857 COCE 53. June 24, 2002. William Herring, Judge. Counsel: Cris E. Boyar, for Plaintiff. Amy Fisher, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO STRIKETHE DEFENDANT’S FIRST AFFIRMATIVE DEFENSE
THIS CAUSE having come before this Court at the Hearing held on Plaintiff’s Motion to Strike Affirmative Defenses dated June 13, 2002, and the Court having heard argument of counsel, and being otherwise fully advised in the premises, it is thereupon,
ORDERED and ADJUDGED that:
The Defendant’s first Affirmative Defense is hereby stricken with prejudice. Additionally, the Defendant is hereby ordered to refrain from making any comments, reference, or inference as to the patient’s failure to sign any health insurance claim forms. The Defendant is instructed to inform its witnesses of this Court’s ruling.
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