10 Fla. L. Weekly Supp. 124b
Insurance — Personal injury protection — Coverage — Exhaustion of benefits — Insurer’s motion for summary judgment based on exhaustion of benefits denied where there were sufficient funds to pay full amount of medical provider’s bill at time it was submitted
NORTHWEST BROWARD ORTHOPAEDICS as assignee for Terry Divincenzo, Plaintiffs, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 01-23971 COCE 50. December 6, 2002. Peter B. Skolnik, Judge. Counsel: Cris Boyar, for Plaintiff. Virginia Wolf Gilliam, for Defendant.
ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT
THIS CAUSE having come before this court, the Court having heard argument of counsel and being fully apprised in the premises, the Court finds the following:
The Defendant has exhausted its benefits. However, the exhaustion of benefits does not preclude plaintiff’s lawsuit against defendant in this case as, at the time that plaintiff submitted its bills for payment, there were sufficient funds in which to pay the full amount. Therefore it is ORDERED AND ADJUDGED as follows:
Defendant’s Motion for Summary Judgment is DENIED and Plaintiff’s Motion for Partial Summary Judgment is GRANTED.
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