11 Fla. L. Weekly Supp. 344c
Insurance — Personal injury protection — Summary judgment granted as to fraud, relatedness, and necessity where peer review was performed after discovery cut-off — Deductible defense is withdrawn as bills are to be applied to deductible in order received by insurer — Sole issue for jury is reasonable amount for MRI bill — Motion to strike countersignature defense against assigned claim is granted
WEST GABLES OPEN MRI, (a/a/o Frederico Vargas), Plaintiff(s) vs. UNITED AUTO INS. CO., Defendant(s). County Court, 11th Judicial Circuit in and for Miami-Dade County, Small Claims Division. Case No. 01-2156 SP23. Section No. 4. February 18, 2004. Jacqueline Schwartz, Judge. Counsel: Nicole Malick, Office of the General Counsel, for Defendant. David S. Kuczenski, Paul K. Schrier, P.A., Miami, for Plaintiff.
ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE came before the Court on the 18 day of February, 2004, on Plaintiff’s Motion for Summary Judgment on alleged fraud, deductible, Reasonable, Related, Necessity and after hearing argument of counsel, it is
ORDERED AND ADJUDGED:
Granted as to alleged Fraud; Defendant withdraws any issue of this bill being applied to the deductible as the deductible is to be applied in the order in which Defendant received bills. Granted as to Relatedness and Necessity as Peer Review performed after discovery cut-off. The only issue for the Jury to consider is what is a reasonable amount for the MRI bill at issue. Plaintiff’s ore-tenus motion to strike countersignature affirmative defense granted over Defendant’s objection.
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