10 Fla. L. Weekly Supp. 546a
Insurance — Personal injury protection — Coverage — Denial — Exhaustion of benefits — Although PIP benefits are exhausted, medical provider is entitled to statutory interest, attorney’s fees, and costs
WALTER E. AFIELD, M.D., P.A., (Assignor: Peterson, Sharon), Plaintiff, vs. USAA Casualty Insurance Company, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, County Civil Division. Case No. 2002-6072. Division H. February 2003. Ralph Steinberg, Judge. Counsel: Ann Lehr O’Hern. Joshua D. Goldis. Susan L. Lawson, Lawson & Associates, P.A., Tampa.
ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT
THIS CAUSE coming on to be heard on February 24, 2003, upon Plaintiff’s Motion For Partial Summary Judgment, and this Court being fully apprised in all particulars herein, it is hereupon:
ORDERED AND ADJUDGED as follows:
1. 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 $8.80 for statutory interest for services rendered by the Plaintiff to his assignor on or about May 18, 2000, under the 99071 CPT code charge.
2. That although PIP benefits have been exhausted under the applicable personal injury protection policy at issue, the Plaintiff is entitled to attorney’s fees and costs and this court reserves judgment on the amount but not the entitlement of the Plaintiff for said attorneys’ fees and costs.
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