10 Fla. L. Weekly Supp. 532b
Insurance — Personal injury protection — Coverage — Exhaustion of benefits — Although insurer has paid all PIP benefits due medical provider and policy limits have been exhausted, insurer must pay statutory interest for late payment of benefits
STEVEN A. WILSON, D.C., (Assignor: McKinney, Angela), Plaintiff, vs. MARYLAND CASUALTY COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County, County Civil Division. Case No. 01-1014 CO-42. February 21, 2003. William B. Blackwood, Jr., Judge. Counsel: Richard A. Bokor. Susan L. Lawson, Lawson & Associates, P.A., Tampa. William Pratt.
ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE coming on to be heard on February 17, 2003, upon Plaintiff’s Motion For Summary Judgment, and this Court being fully apprised in all particulars herein, it is hereupon:
ORDERED AND ADJUDGED as follows:
1. That the Defendant previously paid all personal injury protection benefits due and owing to the Plaintiff at the 80% maximum amount payable pursuant to the applicable personal injury protection policy and therefore owes nothing further for PIP benefits.
2. That although benefits have been exhausted under the applicable personal injury protection policy at issue, the Plaintiff is entitled to receive and the Defendant shall pay Plaintiff in the amount of $64.84 for statutory interest for the late payment for services rendered by the Plaintiff from on or about August 5, 1997 through September 9,1997.
3. That this court reserves judgment on the amount but not the entitlement of the Plaintiff for attorneys’ fees and costs.
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