Facts
An injured insured, Manuel Ortiz, assigned his PIP benefits to a chiropractic clinic, which sued United Auto claiming the insurer failed to pay all PIP benefits. United Auto argued it had fully paid and exhausted benefits, relying on an adjuster’s affidavit and internal payment records.
Issue
Did the trial court err by excluding the insurer’s adjuster affidavit and check stubs as hearsay, and by finding that PIP benefits were not exhausted because of a supposed “reserve fund” of $559.59?
Rule
Florida’s business records exception, section 90.803(6), allows records into evidence if they are made at or near the time of the event, by someone with knowledge, kept in the ordinary course of business, and regularly made as part of that business. The sponsoring witness need not be the person who created the records, only someone with knowledge of how they are kept.
Application
The adjuster’s affidavit recited that United Auto’s records and check stubs were created and kept in the ordinary course of its business, satisfying the business records test. The appellate court held the trial judge improperly demanded more foundation than the statute and case law require and wrongly treated the reissued $559.59 check as a “reserve fund” instead of already-allocated benefits.
Conclusion
The Third DCA reversed and ordered summary judgment for United Auto, holding the affidavit and check stubs were admissible business records and that PIP benefits had been properly exhausted
The hyperlink: https://flcourts-media.flcourts.gov/content/download/845657/opinion/210714_DC13_08172022_102816_i.pdf