11 Fla. L. Weekly Supp. 653b

NOT FINAL VERSION OF OPINION
Subsequent Changes at 11 Fla. L. Weekly Supp. 839a

Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — Insurer’s motion for summary judgment is granted where policy limits were exhausted after provider/assignee filed suit — Conflict certified

PREMIER OPEN MRI, LLC, on assignment from Deborah Braden, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 03-19164-CC-L. April 27, 2004. Artemeus McNeil, Judge. Counsel: William Saron, for Plaintiff. David B. Kampf, Ramey, Ramey & Kampf, P.A., Tampa, for Defendant.

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT BASED ON THE EXHAUSTION OF BENEFITS

THIS CAUSE, having come before the Court on April 20, 2004, on Defendant’s Motion for Summary Judgment based on the exhaustion of Benefits, and the Court, having reviewed the file and having heard argument of counsel and otherwise fully advised in the premise and the law, it is:

ORDERED AND ADJUDGED:

1. The undisputed facts reveal the policy benefits at issue exhausted on or about August 20, 2003, after Plaintiff filed this lawsuit on July 31, 2003.

2. This Court finds that the exhaustion of no-fault benefits must result in summary judgment in favor of Progressive and against Plaintiff based on the reasoning of Vincent DiCarlo, M.D. & Assoc.’s v. American Home Assur. Co., 11 Fla. L. Weekly Supp. 305b (Fla. 13th Jud. Cir., Jan. 20, 2004) and MTM Diagnostics, Inc., v. State Farm Mut. Auto. Ins. Co., 9 Fla. L. Weekly Supp. 581e (Fla. 13th Jud. Cir., Nov. 20, 2000).

3. Based on the above, this Court finds that Progressive is not required to pay in excess of the insured’s policy limits. Therefore, this Court finds that Progressive’s Motion for Summary Judgment shall hereby be granted.

4. Plaintiff shall take nothing from this action.

5. This Court shall retain jurisdiction over this matter to assess attorneys’ fees and costs.

6. The Court finds conflict between various courts in Florida and outside of Hillsborough County based on the cases presented by Plaintiff. Therefore, this Court certifies that this conflict is an issue of law which is of great public importance and certifies the above decision to the Second District Court of Appeals.

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