Case Number: COSO-17-005725 Division: 61
`Filing # 56818107 E-Filed 05/23/2017 03:23:40 PM
`
`FIRST HEALTH CHIROPRACTIC,INC.
`a/alo MOZAMMEL KHAN
`
`IN THE COUNTY COURTOF THE 17%
`JUDICIAL CIRCUIT, IN AND FOR
`BROWARD COUNTY, FLORIDA
`
`Plaintiff,
`
`VS.
`
`CASE NO.:
`
`GEICO INDEMNITY COMPANY
`
`Defendant
`
`
`COMPLAINT
`
`The Plaintiff, FIRST HEALTH CHIROPRACTIC, INC. a/a/o MOZAMMEL KHAN
`(hereinafter "Plaintiff), sues the Defendant, GEICO INDEMNITY COMPANY(hereinafter
`"Defendant"). In support the Plaintiff states:
`
`COMMON ALLEGATIONS
`
`This is an action for Breach of Contract, which does exceed Five Hundred Dollars
`1.
`($500.00), but does not exceed Twenty Five Hundred Dollars ($2500.00), exclusive of interest,
`attorney’s fees and costs.
`
`Defendant was and remains a corporation organized and existing under the laws of
`2.
`the State of Florida and is otherwise sui juris.
`
`Defendant was and is a corporation authorized to do business, maintains an office
`3.
`and agents in Broward County and regularly sells automobile insurance policies to the general
`public in Broward County. The Defendant and/orits affiliates and/or its subsidiaries which issued
`the policy of insurance have substantial identities of interest.
`
`At all times material hereto, Plaintiff was a corporation duly licensed to perform
`4.
`medical services in the State of Florida.
`
`On or about March 17, 2013, MOZAMMEL KHAN(hereinafter “Claimant’) was
`5.
`involved in a motor vehicle accident and sustained bodily injuries arising therefrom.
`
`As a result of that motor vehicle accident, and the injuries sustained, Plaintiff
`6.
`provided Claimant with medical services and/or treatment.
`
`As a direct and proximate result of the injuries sustained by Claimant in the
`7.
`accident, Claimant incurred reasonable expenses for necessary medical and rehabilitative care by
`the Plaintiff. To date, Defendant refuses to pay the full amount due.
`
`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK5/23/2017 3:23:38 PM.****
`
`
`
`Defendant issued a policy of insurance to MOZAMMEL KHANwhich provided
`8.
`personal injury protection (“PIP”) benefits coverage as required by law to comply with Florida
`Statutes Sections 627.730 thru 627.7405. Plaintiff does not have a copy ofthe policy to attach;
`however, Plaintiff believes that the Defendant has a copyofsaid policy. Uponreceipt of a certified
`copy of the insurance policy, same is hereby attached and incorporated herein by reference.
`
`The above described policy was in full force and effect on the date of the accident
`9.
`and provided PIP coverage for MOZAMMEL KHANfor bodily injuries sustained in said
`accident.
`
`Plaintiff and Claimant have performedthe statutorily required conditions precedent
`10.
`to entitle Plaintiff to recover benefits for said necessary medical, rehabilitative and remedial
`treatment regarding the above-described policy and statutory conditions precedent to instituting
`this action.
`
`The Claimant equitably assigned to Plaintiff and/or also executed a written
`11.
`assignment of benefits, assigning to Plaintiff certain benefits payable pursuant to the policy of
`insurance issued by Defendant.
`
`Pursuant to said Assignment, Plaintiff gave notice of the covered losses and
`12.
`Plaintiff made demandfor PIP benefits for reasonable, necessary and related medical treatment.
`
`13.|Defendant has denied coverage for, withheld or reduced medicalbill(s) that were
`submitted by Plaintiff for date(s) of service March 19, 2013 through May 8, 2013 and/or
`misapplied the deductible. Defendant owes $2,164.00. Dueto the failure of Defendantto pay these
`PIP benefits in accordance with the law, Plaintiff has been required to retain the undersigned law
`firm to act on their behalf in this suit. Plaintiff has agreed to pay, and the attorneys for Plaintiff
`have agreed to accept, any court awardedfee.
`
`COUNT LBREACH OF CONTRACT
`
`14.
`
`Plaintiff reavers and realleges paragraphs | through 13 of this complaint.
`
`Despite prior demandby Plaintiff, Defendant has refused and continuesto refuse to
`15.
`issue paymentof all sums due Plaintiff, in violation of Section 627.736, Florida Statutes, and in
`breach of its contact with claimant.
`
`Plaintiff has retained the undersigned firms to represent it in this action and has
`16.
`agreed to pay a reasonable fee for said services.
`
`Pursuant to Section 627.428, Florida Statutes, Plaintiff is entitled to recover from
`17.
`Defendant reasonable attorney’s fees and costs for the necessity of this action.
`
`WHEREFORE, Plaintiff requests:
`
`
`
`That this Honorable Court declare that Defendant is overdue in paymentofall sums
`due to Plaintiff;
`
`That Defendant pay all sums dueto Plaintiff under Claimant’s policy of Insurance
`with Defendant;
`
`That Defendant pay interest on all unpaid sums in accordance with Section
`627.736(4), Florida Statutes;
`
`That Defendant pay Plaintiff pre-suit penalty, postage, and interest in accordance
`with Section 627.736(10), Florida Statutes.
`
`That the Defendant correctly apply the deductible “to 100 percent of the expenses
`and losses” as described in Fla. Stat. 627.736, if applicable;
`
`That the Defendant pay all sums due to Plaintiff under any medical payment’s
`coverages (MPC) in accordance with the Claimant’s/policy holder’s policy of
`Insurance with Defendant;
`
`That Defendant pay Plaintiff reasonable attorney’s fees and costs pursuant to
`Sections 627.428, Florida Statutes, and/or 627.736(5), Florida Statutes, for the
`necessity of this action;
`
`Anyotherrelief this Court deemsjust and appropriate.
`
`injury protection
`for personal
`WHEREFORE, Plaintiff demands judgment
`benefits together with pre-judgmentinterest, costs and attorneys’ fees pursuant to Florida
`Statute 627.428 and Florida Statute sections 627.736(5) and (8) and anyotherrelief this
`Court deemsproperandjust.
`
`Plaintiff demandstrial by jury onall issuestriable as ofright.
`
`REIFKIND, THOMPSON & RUDZINSKI, LLP.
`Attorneys for Plaintiff
`3333 W. Commercial Blvd. Suite 200B
`Fort Lauderdale, FL 33309
`Office: (954) 370-5152
`Fax: (954) 370-1992
`Service Email: PipService@rirlaw.com
`
`
`
`
`
`By:
`
`__/s/ Evan S. Brown
`EVANS. BROWN,Esq.
`Florida Bar No. 90447
`
`
