11 Fla. L. Weekly Supp. 620a
Insurance — Personal injury protection — Coverage — Denial — Medical bills — Unreasonable, unnecessary or unrelated medical expenses — Error to not award to insured bills of medical provider where evidence showing that insured’s health insurer paid provider’s bills was sufficient to establish that charge was reasonable and necessary, and nothing in record disputes that evidence
UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, vs. DEISY OSPINA, Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 03-325 AP. L.C. Case No. 00-288-CC-05. May 11, 2004. An Appeal from the County Court for Miami-Dade County, Caryn Canner Schwartz, Judge. Counsel: Lawrence Root, United Automobile Insurance Company, Office of General Counsel for United Automobile Insurance Company, for Petitioner. Jay M. Levy, Jay M. Levy P.A., for Respondent.
(Before LEVENSON, HUBBART, and PLATZER, JJ.)
(LEVENSON, Judge.) This case is on appeal from a Final Judgment entered in favor of the appellee insured, Deisy Ospina, stemming from a personal injury protection (PIP) suit. The appellant/insurer, United Auto, seeks reversal of the trial court’s denial of its motion for directed verdict. On cross appeal, the appellee seeks reversal of the trial court’s failure to award the medical bills of Dr. Steven Friedman of Collier Anesthesia Associates.
As to the trial court’s denial of the appellant’s motion for directed verdict, we hereby affirm the trial court’s ruling without comment. See Auto-Owners Insurance Company v. Hooks, 463 So. 2d 468 (Fla. l st DCA 1985). As to appellee’s cross appeal, we hereby reverse and remand this case to the trial court for an entry of an award in favor of appellee in the amount of One Thousand Two Hundred and Seventy Eight Dollars ($1278.00) for the reasons set forth below.
The testimony of the plaintiff and the evidence showed that the plaintiff’s Health Insurer paid $1278.00 toward the bills of Dr. Friedman. This evidence is sufficient to establish that the charges were reasonable and necessary. See Cason v. Smith, 365 So. 2d 1042 (Fla. 3d DCA 1978). Nothing in the record disputes or contradicts this evidence. Therefore, we find that the trial court erred in failing to award the medical bills of Dr. Steven Friedman of Collier Anesthesia Associates. We hereby REVERSE and REMAND this case to the trial court for an entry of an award in favor of appellee in the amount of One Thousand Two Hundred and Seventy Eight Dollars ($1278.00).
As to appellee’s motion for attorney’s fees, it is hereby GRANTED. This case is remanded to the trial court for determination of the amount of fee to be awarded. See Section 627.428 of the Florida Statutes. (HUBBART and PLATZER concur.)
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