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Volume 13

Case Search

LEESBURG CHIRO CENTER, INC., a/a/o KEVIN WALTER, Plaintiff, vs. PROGRESSIVE EXPRESS INS. CO., Defendant.

13 Fla. L. Weekly Supp. 1111a

Insurance — Personal injury protection — Declaratory judgment — Insurer’s obligation to provide policy, declarations page and PIP log on pre-suit request from medical provider/assignee — Declaratory judgment is proper vehicle for determining insurer’s obligation to provide pre-suit information — Insurer was required to provide pre-suit information, including policy, declarations page and information that would otherwise be compiled in PIP log on pre-suit request from provider — Attorney’s fees and costs awarded to provider

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FLORIDA EMERGENCY PHYSICIANS KANG & ASSOCIATES, M.D., P.A. As assignee of Jose Quinones, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

13 Fla. L. Weekly Supp. 1110a

Insurance — Personal injury protection — Declaratory judgment — Insurer’s obligation to provide policy, declarations page and/or PIP log on presuit request from medical provider/assignee — Summary judgment entered against insurer that failed to provide policy, declarations page and PIP log requested by provider prior to suitReversed and remanded at 16 Fla. L. Weekly Supp. 230a

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AMERICAN VEHICLE INSURANCE COMPANY, Appellant, vs. FLORIDA EMERGENCY PHYSICIANS KANG & ASSOCIATES, P.A., a/a/o William Eve, Appellee.

13 Fla. L. Weekly Supp. 973a

Insurance — Personal injury protection — Declaratory judgment — Insurer’s obligation to provide PIP log on presuit request from assignee/medical provider — Although section 627.736 does not require insurer to provide PIP log to assignee/medical provider, provider is entitled to log and other documents necessary to determine status as claimant — No merit to argument that trial court usurped legislature’s responsibility by modifying PIP statutes to require disclosure of documents and information where statutes do not specifically prohibit disclosure, and court is not adding to or modifying laws but merely ensuring that providers can fairly assess status as claimants

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LEESBURG CHIROPRACTIC CENTER, INC., as assignee of Monique Mzhickteno, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

13 Fla. L. Weekly Supp. 841a

Insurance — Personal injury protection — Declaratory judgment — Insurer’s obligation to provide policy, declarations page and/or PIP log on presuit request from assignee/medical provider — Provider that has valid assignment of benefits has right to copy of declarations page and PIP log on presuit request since claims and coverage information is essential to provider’s ability to determine status as PIP claimant — Further, insurer’s act of supplying documents after suit was filed is functional equivalent of confession of judgment

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THE STAND-UP MRI OF ORLANDO, P.A., as assignee of Francela Henry, Plaintiff, vs. OMNI INSURANCE COMPANY, Defendant.

13 Fla. L. Weekly Supp. 745a

Insurance — Personal injury protection — Declaratory judgment — Insurer’s obligation to produce policy, declarations page and/or PIP log on presuit request from assignee/medical provider — Provider that has valid assignment of benefits has right to copy of policy, PIP log and declarations page on presuit request since claims and coverage information is essential to provider’s ability to determine status as PIP claimant

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FLORIDA EMERGENCY PHYSICIANS KANG & ASSOCIATES, MD, PA as assignee of Camille Davila, Plaintiff, vs. GEICO CASUALTY COMPANY, Defendant.

13 Fla. L. Weekly Supp. 737a

Insurance — Personal injury protection — Declaratory judgment — Insurer’s obligation to provide policy, declarations page and/or PIP log on presuit request from assignee/medical provider — Where insurer which maintains and has ability to provide PIP register provided medical provider only with blank PIP register, provider is entitled to summary judgment

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THE STAND-UP MRI OF ORLANDO, P.A., a/a/o FRANCELA HENRY, Plaintiff(s), vs. OMNI INS. CO., Defendant(s).

13 Fla. L. Weekly Supp. 396a

Insurance — Personal injury protection — Declaratory action — Insurer’s obligation to provide PIP log, declarations page and policy on pre-suit request from medical provider — Although there is no statutory requirement that PIP log be created, maintained, or disclosed and no express statutory requirement giving medical provider right to insured’s policy or declarations page, good common sense mandates that insurer provide policy, declarations page and information that would otherwise be compiled in PIP log on pre-suit request from insured or provider

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