STATE FARM FIRE AND CASUALTY COMPANY, PETITIONER,
v.
MARLENE JOGLAR PERDOMO, RESPONDENT
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State Farm petitioned for certiorari to quash a summary judgment against it in an insurance coverage dispute. The Florida Third District Court of Appeal granted the writ and quashed the lower court's decision, holding that a "valid report" under Florida's PIP statute can be based on a treating physician's examination and does not require an independent medical examination by the insurer.
A "valid report" under section 627.736(7)(a) may be based on a physical examination conducted by the treating physician and does not require a physical examination by the reporting physician or an examination conducted on the insurer's behalf.
[1] A "valid report" under section 627.736(7)(a), Florida Statutes, may be based on a physical examination conducted by the treating physician.
[2] A "valid report" under section 627.736(7)(a), Florida Statutes, does not require a physical examination by the reporting physician.
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Join FLexlaw to unlock all legal intelligence“a "valid report" may be based on a physical examination conducted by the treating physician and does not require a physical examination by the reporting physician or an examination conducted on the insurer's behalf”
Establishes the core holding that PIP reports need not be based on insurer-obtained examinations
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Join FLexlaw to unlock all legal intelligenceMarlene Joglar Perdomo obtained a summary judgment in county court against State Farm Fire and Casualty Company. The circuit court appellate division …
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State Farm Fire and Casualty Company petitions this Court for a writ of certiorari *1190quashing a decision of the circuit court appellate division affirming the county court’s entry of summary judgment in favor of Marlene Joglar Perdomo.
We grant the writ and quash the circuit court’s decision based on this Court’s decisions in Partners in Health Chiropractic v. United Automobile Insurance Co., 21 So.3d 858 (Fla. 3d DCA 2009), United Automobile Insurance Co. v. Metro Injury & Rehab Center, 16 So.3d 897 (Fla. 3d DCA 2009), and United Automobile Insurance Co. v. Comprehensive Health Center, LLC, 26 So.3d 49 (Fla. 3d DCA 2009), all of which hold that, pursuant to section 627.736(7)(a), Florida Statutes (2009), a “valid report” may be based on a physical examination conducted by the treating physician and does not require a physical examination by the reporting physician or an examination conducted on the insurer’s behalf. See Partners in Health Chiropractic, 21 So.3d at 864 (a section (7)(a) report “does not have to be predicated on either a physical examination by the reporting physician or on a physical examination conducted on behalf of the insurer (an IME) but may be premised on review of the records of the insured’s treating physician”); Metro Injury & Rehab Ctr., 16 So.3d at 900 (“[T]he physician preparing the report ... may base the report on another physician’s examination whether an IME or an examination conducted by the treating physician.”); Comprehensive Health Ctr., 26 So.3d at 49 (“[A] physician’s report ... under section 627.736(7)(a), need not be based on a physical examination conducted by either the reporting physician or by another physician on the insurance company’s behalf.”); accord Cent. Magnetic Imaging Open MRI of Plantation, Ltd. v. State Farm Fire & Cas. Ins. Co., 22 So.3d 782, 783 (Fla. 4th DCA 2009) (section (7)(a) does not require a personal injury protection insurer to obtain an independent medical examination for purpose of meeting “valid report” provision); United Auto. Ins. Co. v. Hollywood Injury Rehab Ctr., 27 So.3d 743, 744 (Fla. 4th DCA 2010) (same).
Petition granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- P'rs IN Health Chiropractic v. United Auto. Ins. Co., 21 So. 3d 858 (Fla. 3d DCA 2009)
- Vaught v. McNEIL, 16 So. 3d 897 (Fla. 1st DCA 2009)
- United Auto. Ins. Co. v. Metro Injury & Rehab Ctr., 16 So. 3d 897 (Fla. 3d DCA 2009)
- Cent. Magnetic Imaging Open MRI OF Plantation, Ltd. v. State Farm Fire & Cas. Ins. Co., 22 So. 3d 782 (Fla. 4th DCA 2009)
- State v. Tadduni, 27 So. 3d 743 (Fla. 4th DCA 2010)
- United Auto. Ins. Co. v. Hollywood Injury Rehab Ctr., 27 So. 3d 743 (Fla. 4th DCA 2010)
- United Auto. Ins. Co. v. Comprehensive Health Ctr., LLC, 26 So. 3d 49 (Fla. 3d DCA 2009)