11 Fla. L. Weekly Supp. 1097a
Insurance — Personal injury protection — Coverage — Magnetic resonance imaging — Summary judgment granted in favor of medical provider on issues of reasonableness, necessity, and relatedness of MRI; whether amount of PIP benefits for MRI are payable according to preset fee schedule, and whether provider was properly licensed to perform MRI
ORTHOPEDIC CENTER OF SOUTH FLORIDA, P.A., (Gayle Garnet), Plaintiff(s), vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant(s). County Court, 17th Judicial Circuit in and for Broward County. Case No. 04-235 COCE (49). September 15, 2004. Kathleen D. Ireland, Judge. Counsel: Robert G. Nichols, Nichols Williams, P.A., Fort Lauderdale, for Plaintiff.Thomas Freeling.
ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT
THIS CAUSE having come on to be heard on Plaintiff’s Motion for Partial Summary Judgement, and the Court having reviewed the Motion, heard argument of Counsel for the Parties, and being otherwise advised in the Premises, it is hereupon,
ORDERED AND ADJUDGED that, based upon the admissible evidence produced by the Plaintiff, said Motion be, and the same is hereby GRANTED as to each of the following issues, which form the basis for the Defendant’s 1st and 2nd Affirmative Defenses:
I. WHETHER THE MRI PERFORMED ON GAYLE GARNET BY PLAINTIFF ON 10/16/02, WAS REASONABLE, NECESSARY AND RELATED TO THE AUTOMOBILE ACCIDENT OF 5/31/02?
II. WHETHER THE AMOUNT OF PIP BENEFITS FOR THE MRI IN THIS CASE ARE PAYABLE ACCORDING TO A PRESET MRI FEE SCHEDULE?
III. WHETHER THE PLAINTIFF WAS PROPERLY LICENSED TO PERFORM THE MRI IN THIS CASE?
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