11 Fla. L. Weekly Supp. 1070d

NOT FINAL VERSION OF OPINION
Subsequent Changes at 12 Fla. L. Weekly Supp. 506a

Insurance — Personal injury protection — Coverage — Medical expenses — Reduction — Reduced amounts applied to deductible — Summary judgment granted in favor of insurer where insurer would not have been responsible for bills at issue even if no reductions had been taken, as deductible would not have been met even if full amount of bills had been applied

PHYSICIANS INJURY CARE CENTER, as assignee of GAIL SCOTT, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County, Civil Division. Case No. SCO-03-4342, Division 71-PIP. June 28, 2004. Leon B. Cheek, III, Judge. Counsel: Michael P. Liebgold, Reynolds & Stowell, St. Petersburg. Louis A. DeFreitas, Jr.

See: 12 Fla. L. Weekly Supp. 693a

ORDER

THIS CAUSE having come on for hearing on the Defendant’s Motion for Summary Judgment on June 21, 2004, and the Court being fully advised in the premises, it is hereby,

ORDERED and ADJUDGED

1. The bills for the two dates of service at issue in Plaintiff’s complaint were submitted to the Defendant insurer within the PIP deductible period of its insured.

2. The Defendant applied reduced amounts of those bills to the insured’s PIP deductible.

3. The insured’s PIP deductible was not yet met when the bills at issue were submitted to the Defendant.

4. The insured’s PIP deductible was not met when the bills at issue were applied to the PIP deductible.

5. The Defendant would not have been responsible for the bills at issue in Plaintiff’s complaint even if no reductions of those bills had been taken as the insured’s PIP deductible still would not have been met if the full amount of those bills had been applied to the insured’s PIP deductible.

6. The Defendant’s Motion is hereby GRANTED.

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