John Gioannetti Successfully Argued Defendant’s Motion for Final Summary Judgement

February 13, 2017

Doc Tony Westside Chiropractic, LLC (a/a/o Sydne Hennings) vs. USAA General Indemnity Company

John M. Gioannetti successfully argued Defendant’s Motion for Final Summary Judgement on behalf of USAA. In the case, the patient sought treatment as the result of an automobile accident, but initially failed to inform the medical provider whether she was covered under any personal injury protection (PIP) insurance. After discovering that the patient was covered under a resident relative’s policy, the Plaintiff then billed USAA within 35 days of the discovery of the PIP insurance, but more than 35 days after the date of treatment. The medical provider maintained that the patient’s failure to initially inform them of the applicable PIP policy extended the deadline for submitting the insurance claim past the original deadline. John argued that the Florida PIP statute stating that a provider of medical services has 35 days from the date of service to bill a PIP insurer is clear and unambiguous. The Florida Legislature created strict guidelines for submission of a PIP claim and that while the PIP statute provides a few specific exceptions, none of those exceptions applied to this case. Therefore, Final Judgment was entered on behalf of USAA.