27 Fla. L. Weekly Supp. 313a
Online Reference: FLWSUPP 2703MARZInsurance — Personal injury protection — Coverage — Medical expenses — Provider entitled to summary judgment where insurer did not deny claim within 90 days of receipt — Untimely filed notice of filing in opposition to summary judgment is not considered
HILLSBOROUGH THERAPY CENTER, INC., (a/a/o Edileidy Marzo), Plaintiff, v. GEICO INDEMNITY COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 18-CC-020019. May 13, 2019. Joelle Ann Ober, Judge. Counsel: Timothy A. Patrick, Patrick Law Group, P.A., Tampa, for Plaintiff.
ORDER GRANTING PLAINTIFF’S MOTIONFOR FINAL SUMMARY JUDGMENT
THIS MATTER having come before the court on April 16, 2019 on Plaintiff’s Motion for Final Summary Judgment. The court having considered the Motion, the arguments presented by Plaintiff’s counsel, applicable law, and being otherwise fully advised, finds,
1. Defendant failed to appear at the hearing. The Court did attempt to contact the office for Defendant’s counsel. The Court finds that Defendant was properly noticed for this hearing via a Notice of Hearing dated 1/5/19.
2. Defendant failed to timely file any affidavits or any other documentation in response to Plaintiff’s Motion for Final Summary Judgment. However, subsequent to the hearing, on 4/16/19, Defendant filed its Notice of Filing in Support of Defendant’s Opposition of Plaintiff’s Motion for Final Summary Judgment.
3. Florida Rule of Civil Procedure 1.510(c) states:
“The adverse party must identify, by notice served pursuant to Rule 1.080 at least 5 days prior to the day of the hearing, or delivered no later than 5:00 p.m. 2 business days prior to the day of the hearing, any summary judgment evidence on which the adverse party relies.”
4. The Court finds that Defendant’s Notice of Filing was not timely filed and, as such, cannot be considered by the Court.
5. The subject date of loss occurred on 1/3/18, whereby Defendant also received notice of the loss from its named insured. On 1/4/18, 2018, the Defendant opened a PIP claim.
6. The initial medical bills for were received by the Defendant on 1/22/18 for DOS 1/4/18. In support of Plaintiff’s Motion, Plaintiff attached the deposition transcript of Defendant’s Corporate Representative, Nina Gomes, conducted on 11/12/18.
7. It is undisputed that Defendant did not deny coverage in this claim until 8/27/18.
8. Defendant admitted that it did not deny coverage in this claim until well past 90 days from the receipt of the initial medical bills.
9. This Court adopts the ruling in GEICO Indemnity Co. v. Central Florida Chiropractic Care (a/a/o David Cherry), 26 Fla. L. Weekly Supp. 613a (9th Jud. Cir. Orange County [Appellate], Case No.: 2016-CV-000038-A-O, May 11, 2017, Judge Steve Jewett) wherein the court noted that the statutory language requiring PIP benefits to be paid within 30 days remained in effect, and that the legislative carved out a way to extend the investigative time under section 627.736(4)(i), Florida Statutes (2014) for an additional 60 days, but “made sure to indicate that the insurer must pay or deny the claim” at the end of the 60 days.
10. As such, Plaintiff’s Motion for Final Summary Judgment is HEREBY GRANTED.
11. The court reserves jurisdiction over attorney’s fees and costs.