10 Fla. L. Weekly Supp. 934a
Insurance — Personal injury protection — Provider who was paid less than total amount billed and disputes the amount paid is not required to put insurance company on notice so that it may put funds in reserve — Factual issue regarding whether insurer paid provider the proper amount for services provided precludes summary judgment — Defendant’s motion for summary judgment denied
CHIRO-PLUS OF DEERFIELD BEACH d/b/a CHIRO-PLUS OF DELRAY & FLAMINGO CHIRO OF DEERFIELD, aao Velinka Hughes, Plaintiff(s), vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant(s). County Court, 15th Judicial Circuit in and Palm Beach County, Civil Division. Case No. 2002CC028682-RD. September 22, 2003. Charles E. Burton, Judge. Counsel: Kejo Bryan, Metnick & Levy, P.A., Delray Beach, for Plaintiff. Blake Crane, W. Palm Beach, for Defendant.
ORDER
THIS CAUSE came before the Court on September 22, 2003, based on the Defendant’s Motion for Summary Judgement. The Plaintiff is represented by Kejo Bryan, Esquire and the Defendant is represented by Blake Crane, Esquire. Based on the motion and argument of counsel, the Court finds as follows:
This case arises out of a dispute over PIP benefits. The insured was involved in an automobile accident on May 1, 2001 and sought treatment with the Plaintiff. The Plaintiff billed a total of $3,090 for medical treatment and paid a total of $2,472. Subsequently, Ms. Hughes benefits were exhausted with the Defendant having paid out a total of $10,019.14 in benefits. Pursuant to an assignment of benefits, the Plaintiff brings this action to recover amounts it alleges were improperly reduced.
While common sense may dictate that a medical provider who disputes the amount of money paid should be required to put the insurance company on notice so that it may put funds in reserve, Florida Statute 627.736 has no such requirement. The factual issue here is whether the Defendant paid the medical provider the proper amount for the services it provided. This is a factual issue which precludes a summary judgment, Physicians First Choice Interpretation, Inc. v. Allstate Insurance Co., 10 Fla. L. Weekly Supp. 675 (11th Circuit App., Dade County, 2003). Accordingly, it is
ORDERED AND ADJUDGED that the Defendant’s Motion for Summary Judgment is Denied.
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