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Volume 13

Case Search

GREATER CHIROPRACTIC CENTER CORP as assignee of Gurvinder Gandhi, Plaintiff, vs. ALPHA PROPERTY & CASUALTY INSURANCE COMPANY, Defendant.

13 Fla. L. Weekly Supp. 352b

Insurance — Personal injury protection — Declaratory action — Insurer’s obligation to provide PIP log, declarations page and policy on pre-suit request from medical provider — Where insurer has not proffered any reason why it did not respond to medical provider’s pre-suit demand for policy information, court grants provider’s motion for summary judgment and finds as matter of law that provider is entitled to PIP log, declarations page and policy — Court rejects arguments that statute requiring provision of policy information applies only to claims involving liability issues and that small claims court lacks subject matter jurisdiction over claims brought in equity

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GLENN KOEHLER, Plaintiff, vs. PROGRESSIVE CONSUMERS INSURANCE COMPANY, Defendant.

13 Fla. L. Weekly Supp. 162a

NOT FINAL VERSION OF OPINION
Subsequent Changes at 13 Fla. L. Weekly Supp. 1086a

Insurance — Personal injury protection — Declaratory judgment — Complaint alleging PIP coverage was denied because truck driven by insured at time of accident was not insured vehicle under policy is improperly framed as declaratory action where there are factual questions to be resolved, and complaint does not allege that there was doubt concerning ambiguous contractual provision requiring judicial interpretation

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NORTHEAST FLORIDA NEUROLOGY CLINICS, INC., (as assignee for Patricia Brown), Plaintiff, v. PROGRESSIVE CONSUMERS INSURANCE COMPANY, Defendant.

13 Fla. L. Weekly Supp. 87b

Insurance — Personal injury protection — Coverage — Declaratory judgments — Count seeking declaration of whether PIP statute covers EMG or is applicable to NCV but not EMG and whether medical provider is limited to certain coverage amounts under statute is not appropriate — Under facts and circumstances of case, declaratory relief sought in this count is not appropriate — Motion to dismiss this count is granted

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