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ADVANCED IMAGING GROUP, INC. (As assignee of TERESA SANDERSON), Plaintiff, v. ALLSTATE INSURANCE COMPANY, An insurance company authorized to do business in Florida, Defendant.

10 Fla. L. Weekly Supp. 208d

Insurance — Personal injury protection — Coverage — Medical expenses — Amendments to section 627.736(5), 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 TERESA SANDERSON), 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. 2002-7700 SC. Division J. January 23, 2003. Gaston Fernandez, Judge. Counsel: Bradley Souders. Dale Parker.

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

THIS CAUSE having come before the Court this January 23, 2003, to hearing Plaintiff’s Motion for Summary Judgment 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. By the Court’s plain reading of the statute and by Section 11 of Laws 2001, c. 2001-271, the legislation provides the amendments to Section 627.736(5) applies only to treatment and services occurring on or after October 1, 2001. Accordingly, judgment is hereby entered for the Plaintiff and against the Defendant for the principal amount of $844.20, plus prejudgment interest of $99.61, for a total of $943.81 for the Plaintiff, for which let execution issue.

IT IS FURTHER ORDERED AND ADJUDGED the Court reserves jurisdiction for Plaintiff’s attorney fees and costs.

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