10 Fla. L. Weekly Supp. 208c
Insurance — Personal injury protection — Coverage — Medical expenses — Amendments to paragraph (5)(b) of section 627.736, setting amounts to be charged for treatment and services, apply to treatment and services occurring on or after October 1, 2001
ADVANCED IMAGING GROUP, INC. (As assignee of SANDRA NARCISO), Plaintiff, v. ALLSTATE INSURANCE COMPANY, An insurance company authorized to do business in Florida, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 2002-8465 SC. Division K. October 17, 2002. Eric R. Myers, Judge. Counsel: Bradley Souders. Michael G. Stofer.
ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE having come before the Court this August 26, 2002 to hearing Plaintiff’s Motion for Summary Judgment and Defendant’s Motion for Summary Judgment (cross-noticed) and the Court having heard from respective counsel, having reviewed the record and otherwise being fully advised, it is hereupon:
ORDERED AND ADJUDGED the Court GRANTS Plaintiff’s Motion for Summary Judgment, based on Section 11 of Laws 2001-271 and its language expressly stating: “5(b) … of Section 627.736 Florida Statutes, as amended by this act … shall apply to treatment and services occurring on or after October 1, 2001 …”. This language encompasses within it all separately (five) numbered paragraphs of 5(b), as amended by the Act. By the plain language of Section 11, these amendments to paragraph five (5) apply to treatment and services occurring on or after October 1, 2001. Hence, the Plaintiff is entitled to judgment in its favor for the amount of $118.00, plus $11.80 prejudgment interest for a total of $130.22, to bear interest at the rate of nine percent per year, until paid or satisfied. Additionally, the Court reserves jurisdiction to award Plaintiff’s attorney fees and costs.
IT IS FURTHER ORDERED AND ADJUDGED the Court DENIES Defendant’s Motion for Summary Judgment.
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