11 Fla. L. Weekly Supp. 748a
Insurance — Personal injury protection — Magnetic Resonance Imaging — Phrase “allowable amount under Medicare Part B” in section 627.736(5)(b)(5) refers to participating fee schedule
NATIONAL IMAGING CENTER, INC., a/a/o Maxonn Coulanges, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE CO., Defendant. County Court, 17th Judicial Circuit in and for Broward County, Civil Division. Case No. 02-4290 COCE 52. May 19, 2004. Jay Spechler, Judge.
AFFIRMED. 12 Fla. L. Weekly Supp. 725d
FINAL SUMMARY JUDGMENT AND ORDER GRANTED DEFENDANT’S MOTION FOR FINAL SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGEMENT
This cause having come before the court upon both Plaintiff’s and Defendant’s Motion for Final Summary Judgment, and the court having heard argument of counsel and being otherwise duly advised in the premises, it is ordered and adjuged that: Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY’S Motion for FINAL SUMMARY JUDGMENT is GRANTED, and Plaintiff, NATIONAL IMAGING CENTER, INC.’s motion for FINAL SUMMARY JUDGEMENT is DENIED.
The court finds as matter of law that the phrase “the allowable amount under Medicare Part B” as used in Florida Statute 627.736(5)(b)(5) refers to Medicare’s “PARTICIPATING FEE SCHEDULE.”
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