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CRAIG A. NEWMAN, D.C., (a/a/o Michael Riley), Plaintiff, v. PROGRESSIVE CONSUMERS INSURANCE COMPANY, Defendant.

11 Fla. L. Weekly Supp. 1084a

Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — Summary judgment entered in favor of insurer

CRAIG A. NEWMAN, D.C., (a/a/o Michael Riley), Plaintiff, v. PROGRESSIVE CONSUMERS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 03-15206-CC, Division H. August 27, 2004. Michelle Sisco, Judge. Counsel: Scott W. Dutton, Haas, Dutton, Blackburn, Lewis & Longley, Tampa, and Randall A. Wainoris, for Defendant.

PARTIAL SUMMARY JUDGMENT AS TO MICHAEL RILEY

THIS CAUSE having originally come before the Court on May 4, 2004 on the motion of Defendant, PROGRESSIVE CONSUMERS INSURANCE COMPANY, for Final Summary Judgment as to assignee Michael Riley, and the Court having heard argument of counsel, having considered the authorities, and being otherwise fully advised in the premises, the Court makes the following findings:

ORDERED AND ADJUDGED:

1. That Final Summary Judgment was entered as to assignee Michael Riley due to exhaustion in favor of Defendant, PROGRESSIVE CONSUMERS INSURANCE COMPANY as related to the original Plaintiff CRAIG A. NEWMAN, D.C., PA.

2. That Partial Summary Judgment is entered as to assignee Michael Riley due to exhaustion in favor of Defendant, PROGRESSIVE CONSUMERS INSURANCE COMPANY as related to the Plaintiff, CRAIG A. NEWMAN, D.C.

3. That Plaintiff, CRAIG A. NEWMAN, D.C., take nothing by this action.

4. That Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY, go hence without day.

5. That this Court retains jurisdiction of this matter to tax costs and attorney’s fees. [12 Fla. L. Weekly Supp. 573a]

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