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FORTUNE INS. CO. v. U.S.A. DIAGNOSTICS

No. 96-0507.

684 So.2d 208 (1996)

FORTUNE INSURANCE COMPANY, Appellant, v. U.S.A. DIAGNOSTICS, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 26, 1996.

Attorney(s) appearing for the Case

Diane H. Tutt of Diane H. Tutt, P.A., Plantation, and Harold H. Catlin and Holly J. McCorkle of Saalfield Catlin & Coulson, P.A., Jacksonville, and Carlos Lidsky and Charles L. Vaccaro of The Law Offices of Carlos Lidsky, P.L., Hialeah, for appellant.

Scott D. Sheftall and Steven M. Brady of Floyd Pearson Richman Greer Weil Brumbaugh & Russomanno, P.A., Miami, for appellee.

PER CURIAM.

We reverse an order denying Fortune Insurance Company's motion to compel arbitration in a lawsuit against it involving PIP claims.

U.S.A. Diagnostics, Inc. (USA)1 claims that Fortune failed to timely pay PIP claims, as mandated by section 627.736(4)(b), Florida Statutes, and seeks damages, including 10% penalty interest authorized by statute. The lawsuit also seeks treatment...

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