12 Fla. L. Weekly Supp. 1185a
Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Request to escrow disputed PIP benefits stricken
AFO IMAGING, INC., (as assignee of Patricia Atkinson), Plaintiff, vs. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 05-2413-SC, Division H. September 15, 2005. Daniel E. Gallagher, Judge. Counsel: Bradley D. Souders, Bradley D. Souders, P.A., for Plaintiff. George Hunter, Kingsford & Rock, P.A., Tampa, for Defendant.
ORDER ON DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S REQUEST TO DEFENDANT TO ESCROWOR RESERVE ASSIGNED/REMAINING BENEFITS TO SATISFY THIS CLAIMS DISPUTE
THIS CAUSE came on to be heard before this Court on August 25, 2005 upon Defendant’s Motion to Strike Plaintiff’s Request to Defendant to Escrow or Reserve Assigned/Remaining Benefits to Satisfy this Claims Dispute, and the Court having heard argument of counsel and being otherwise duly advised in the premises, it is hereby
ORDERED AND ADJUDGED that Defendant’s Motion to Strike Plaintiff’s Request to Defendant to Escrow or Reserve Assigned/Remaining Benefits to Satisfy this Claims Dispute is GRANTED. Florida Statutes Section 627.736 does not make any provision for a Plaintiff to demand an escrow or reservation of PIP benefits pending the resolution of any dispute. The Court finds that allowing a Plaintiff to make such a demand is tantamount to allowing the Plaintiff to amend the Statute. Plaintiff’s demand for escrow or a reservation of personal injury protection benefits is hereby stricken.
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