DORAL HEALTH CENTER, P.A., A/A/O ESPERANZA ESCARIZ v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

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Third District Court of Appeal State of Florida Opinion filed July 14, 2021. Not final until disposition of timely filed motion for rehearing. ________________ Nos. 3D21-289 & 3D21-24 Lower Tribunal Nos. 18-332 AP; 13-389 SP; 18-331 AP; 13-387 SP ________________ Doral Health Center, P.A., a/a/o Ernesto Fiallo, and a/a/o Esperanza Escariz, Appellants, vs. State Farm Mutual Automobile Insurance Company, Appellee. Appeals from the County Court for Miami-Dade County, Catherine M. Pooler, Senior Judge. Best & Menendez, and Virginia M. Best and Johanna M. Menendez, for appellants. Cole, Scott & Kissane, P.A., and Thomas L. Hunker, Michael A. Rosenberg (Plantation), and Sarah Hafeez (Fort Lauderdale), for appellee. Before LOGUE, SCALES, and LOBREE, JJ. LOGUE, J. In these consolidated appeals, Doral Health Center, P.A., as assignee of the insureds Ernesto Fiallo and Esperanza Escariz, appeals from two county court orders granting final summary judgment in favor of State Farm Mutual Automobile Insurance Company. We affirm. The insurance claims that led to these appeals arise from an automobile accident in June 2012. At the time, the insureds had a policy with State Farm which included Personal Injury Protection benefits in the amount of $10,000, with a $1,000 deductible for each insured. After the accident, the insureds received medical services from various providers, including Doral Health. Each insured executed an assignment of benefits in favor of Doral Health. Doral Health submitted claims to State Farm for its medical bills totaling $886.44 for Escariz and $880.08 for Fiallo on July 20, 2012, and August 2, 2012. Prior to Doral Health submitting its claims, two other medical providers (Fiallocare Therapy Center Inc. and YH Imaging Inc.) had also submitted claims to State Farm. State Farm denied all claims because the insureds had failed to comply with the terms of their policy by not attending their 2 examination under oath. 1 Because these claims were denied by State Farm, the insureds’ deductible remained unsatisfied. In 2013, Doral Health brought this action to recover its medical bills. Thereafter in 2018, once the statute of limitations 2 ran on the claims submitted by Fiallocare Therapy and YH Imaging, State Farm moved for summary judgment asserting that the $1,000 deductible applied to Doral Health’s bills assuming they were the next compensable bills. In support of its motion, State Farm filed an affidavit from a claims adjuster with personal knowledge of the disputed claims. Doral Health did not file a written response to State Farm’s motion. Instead, Doral Health filed a notice of identification of evidence and attached the deposition transcripts of one of the insureds and of the claims adjuster. In its notice, Doral Health asserted that the deposition transcripts were to be 1 At oral argument, Doral Health conceded that the insureds had failed to attend their examination under oath as required under the policies. 2 The applicable statute of limitations provides that an action for breach of an insurance contract must be filed within five years of the cause of action accruing. § 95.11(2)(b), Fla. Stat. (2013). The …

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