10 Fla. L. Weekly Supp. 926c
Insurance — Personal injury protection — Demand for escrow or reservation of PIP benefits is stricken — Section 627.736 does not make any provision for a plaintiff to demand escrow or reservation of PIP benefits pending resolution of any dispute
GINGER L. CHOUINARD, D.C. d/b/a CHIROPRACTIC CAFÉ, (As Assignee of Jessica Robinson), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 02-30672-SC/Division H. September 25, 2003. Paul L. Huey, Judge. Counsel: Gale L. Young, Gale L. Young, P.A., Tampa. Michael G. Butash.ORDER ON DEFENDANT’S MOTION TO STRIKEPLAINTIFF’S DEMAND FORESCROW OF INSURANCE BENEFITS
THIS CAUSE came on to be heard before this Court on September 8, 2003 upon Defendant’s Motion To Strike Plaintiff’s Demand For Escrow Of Insurance Benefits, and the Court having heard argument of counsel and being otherwise duly advised in the premises, it is hereby
ORDERED AND ADJUDGED that Defendant’s Motion To Strike Plaintiff’s Demand For Escrow Of Insurance Benefits is GRANTED. Florida Statutes Section 627.736 does not make any provision for a Plaintiff to demand an escrow or reservation of PIP benefits pending the resolution of any dispute. The Court finds that allowing a Plaintiff to make such a demand is tantamount to allowing the Plaintiff to amend the Statute. Plaintiff’s demand for escrow or a reservation of personal injury protection benefits is hereby stricken.
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