11 Fla. L. Weekly Supp. 1014a
Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — Where there is no genuine issue of material fact that insurer had paid out policy limits before medical provider filed suit, summary judgment is granted in favor of insurer
FOUNDATION CHIROPRACTIC CLINIC, P.A. (S. Seligman), Plaintiff, vs. NATIONWIDE GENERAL INSURANCE COMPANY, Defendant. County Court, 15th Judicial Circuit in and for Palm Beach County, Civil Division, RD. Case No. 2003CC018240. August 16, 2004. Jonathan D. Gerber, Judge. Counsel: Michelle Muir, Kane & Kane, Boca Raton, for Plaintiff. Susan Kent, Law Offices of Capito & Polk, West Palm Beach, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT ON EXHAUSTION OF BENEFITS
THIS CAUSE came before this Court on Defendant’s Motion for Summary Judgment on Exhaustion of Benefits. This Court has heard the parties’ arguments, has reviewed the court file, and is otherwise fully advised in the premises. Defendant has shown that there is nogenuine issue of material fact that Defendant had paid out the limits of the insured’s policy before Plaintiff filed this action. Because the policy benefits were exhausted, Defendant is entitled to judgment as a matter of law. See Neuro-Imaging Associates, P.A. v. Nationwide Insurance Company of Florida, 10 Fla. L. Weekly Supp. 738a (Fla. Palm Beach Cty. 2002), affirmed, Case No. 2002AP001757AY (Fla. 15th Cir. 2003). Based on the foregoing, it is
ORDERED AND ADJUDGED that Defendant’s Motion for Summary Judgment on Exhaustion of Benefits is GRANTED.
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