5D00-3775 Gurney v. State Farm

State: Florida

Court: Florida Fifth District Court

Docket No: 5D00-3775

Case Date: 07/02/2001

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2001 DIANE G. GURNEY, Petitioner, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent. ____________________________________/ Opinion filed July 6, 2001 Petition for Certiorari Review of Decision from the Circuit Court for Orange County, Acting in its Appellate Capacity. Steven L. Barcus, Altamonte Springs, for Petitioner. Kimberly A. Driggers of Moriarty & Monroe, Winter Park, for Respondent. PALMER, J. Diane Gurney (insured) seeks certiorari review of an appellate decision of the circuit court which held that State Farm was not precluded from contesting a bill for medical care where it failed to obtain a written report stating that such care was unnecessary or such bill was unreasonable within thirty days of its receipt of the bill. Finding no departure from the essential requirements of the law resulting in a miscarriage of justice, we deny the petition. See Haines City Community Dev. v. Heggs, 658 So. 2d 523 (Fla. 1995). The insured was injured in an automobile accident in March 1996. At that time she was covered by an insurance policy issued by State Farm which included personal injury protection (PIP) benefits. Section 627.736, Florida Statutes (1995), provides in relevant part: CASE NO. 5D00-3775

627.736 Required personal injury protection benefits: exclusions; priority. *** [4] (b) Personal injury protection insurance benefits paid pursuant to this section shall be overdue if not paid within 30 days after the insurer is furnished written notice of the fact of a covered loss and of the amount of same.... However, any payment shall not be deemed overdue when the insurer has reasonable proof to establish that the insurer is not responsible for the payment, notwithstanding that written notice has been furnished to the insurer. *** (c) All overdue payments shall bear simple interest at the rate of 10 percent per year. The statute further provides that, as a condition precedent to withdrawing payment of a PIP claim submitted by a treating physician, the insurer must obtain an independent medical examination (IME) report stating that the claim is not reasonable, related, or necessary.

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