11 Fla. L. Weekly Supp. 1071a
Insurance — Personal injury protection — Coverage — Medical expenses — Reduction — Reduced amounts applied to deductible — Partial 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
WINTER PARK CHIROPRACTIC PHYSICIANS, P.A., a/a/o JOSEPH TURNER, Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County, Civil Division. Case No. 04 CC 5460. September 10, 2004. Leon B. Cheek, III, Judge. Counsel: Michael P. Liebgold, Reynolds & Stowell, St. Petersburg. Alexander Billias.
ORDER GRANTING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGEMENT
THIS CAUSE having come on for hearing on the Defendant’s Motion for Partial Summary Judgment, on August 31, 2004, and the Court being fully advised in the premises, it is hereby,
ORDERED and ADJUDGED
1. The Plaintiff’s bills for dates of service from July 14, 2003 through July 23, 2003 at issue in the 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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