11 Fla. L. Weekly Supp. 442a
Insurance — Personal injury protection — Coverage — Medical expenses — Insured entitled to reimbursement of reasonable expenses incurred for transportation to and from medical providers
LARRY THOMPSON, Plaintiff, vs. NATIONWIDE ASSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County, Small Claims Court. Case No. 16-2003-SC-010602. Div. K. February 13, 2004. Sharon Tanner, Judge. Counsel: D. Scott Craig, Farah, Farah, and Abbott, P.A., Jacksonville, for Plaintiff. Jerona C. Maiyo, Conroy, Simberg, Ganon, Krevans & Abel, P.A., Orlando, for Defendant.
ORDER
THIS CAUSE having come on to be heard before me and the Court having heard the argument of both counsel, and having considered relevant Florida law, Hunter v. Allstate Ins. Co., 498 So.2d 514 (Fla. 5th DCA 1986); Malu v. Security National Ins. Co., 848 So.2d 373 (Fla. 4th DCA 2003); and, Padilla v. Liberty Mutual Ins. Co., 2003 WL 21697054 (Fla. 3rd DCA 2003) [28 Fla. L. Weekly D1679b], finds as follows:
1. Plaintiff brought this action to recover No-Fault Benefits for unpaid medical expenses arising from injuries suffered in an automobile accident.
2. Plaintiff timely submitted a claim to Defendant for the Plaintiff’s transportation expenses that were incurred while driving to and from medical providers.
3. Defendant denied Plaintiff’s claim and argued that the No-Fault law does not allow for reimbursement for transportation expenses.
4. Defendant does not argue that the transportation expenses were unreasonable, unnecessary, or that the medical treatment sought was unrelated to the motor vehicle accident.
5. This Court finds that the Florida Legislature intended to provide reimbursement for all reasonable transportation expenses incurred by a claimant when obtaining necessary medical treatment for injuries related to a motor vehicle accident.
ORDERED AND ADJUDGED:
1. Defendant’s “Motion To Dismiss For Failure To State A Cause Of Action” is hereby DENIED.
2. Pursuant to Fla. Sm. Cl. R. 7.135, Plaintiff’s Ore Tenus motion for “Partial Summary Disposition” as to Plaintiff’s claim for transportation expenses is GRANTED.
3. The court reserves jurisdiction for the taxing of attorneys fees, costs and any other relief the court deems just, legal and equitable in relation to Plaintiff’s claim for transportation.
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