11 Fla. L. Weekly Supp. 648a
Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — Summary judgment is granted in favor of insurer where policy limits were exhausted after filing of original complaint but prior to filing of amended complaint naming proper plaintiff/provider
ANN LOVEJOY, f/k/a ANNE KING, d/b/a GENESIS DIAGNOSTICS, on behalf of MARIA BARRETO, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County. Case No. 03-2797-SC-NPC. April 8, 2004. Myra Scott McNary, Judge. Counsel: Joseph R. Littman. Michelle E. Olenn, Thompson Goodis Thompson Groseclose & Richardson, P.A., St. Petersburg.
ORDER ON DEFENDANT’S MOTION FOR FINAL SUMMARY JUDGMENT
THIS CAUSE having come before the Court on Defendant’s Motion for Summary Judgment on February 9, 2004, and the Court having heard argument of counsel for the parties and being otherwise fully apprised in the premises and the law, this Court finds as follows:
1. Plaintiff filed this action against the Defendant on or about April 18, 2003 seeking to collect Personal Injury Protection benefits under an Assignment of Benefits executed by the Defendant’s Insured, Maria Barreto.
2. Maria Barreto’s policy of insurance provided for $10,000 in Personal Injury Protection coverage with a $2,000 deductible and no Medical Payments Coverage.
3. Plaintiff subsequently filed an Amended Complaint naming the proper Plaintiff on September 24, 2003.
4. Benefits exhausted under the relevant policy of insurance on July 16, 2003.
5. Defendant filed a Motion for Summary Judgment on the basis that the Plaintiff had no cause of action for the recovery of benefits in excess of policy limits, as benefits were exhausted. It is therefore,
ORDERED AND ADJUDGED that the Defendant’s Motion for Final Summary Judgment is GRANTED. It is further;
ORDERED AND ADJUDGED that the Court reserves jurisdiction in this matter for the purpose of determining Defendant’s entitlement to attorney’s fees and costs.
Plaintiff shall take nothing from this action and Defendant shall go hence without day.
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