10 Fla. L. Weekly Supp. 831a
Insurance — Personal injury protection — Coverage — Exhaustion of benefits — Escrow language in assignment was not sufficient for insurer to set aside funds prior to exhaustion of benefits
NADAL MEDICAL CENTER, INC. a/a/o IGNACIO ROSQUETE, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 02-20153SC. Division J. July 30, 2003. Gaston Fernandez, Judge. Counsel: Charles Cadrecha. Lisa S. Del Vecchio, Thompson Goodis Thompson Groseclose & Richardson, P.A., St. Petersburg.
ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE came before this Court upon Defendant’s Motion for Summary Judgment on July 10, 2003, having heard the arguments of counsel and otherwise being fully advised in the premises and it is hereby
ORDERED and ADJUDGED that Defendant’s Motion for Summary Judgment is GRANTED. Specifically, the Court finds the Assignment of Benefits executed by the insured in this case was not sufficient notice to the Defendant of an actual dispute and therefore the escrow language was not sufficient for the Defendant to set aside or escrow funds prior to the exhaustion of the insured’s benefits on the policy of insurance even after suit had been filed.
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