12 Fla. L. Weekly Supp. 594a
Insurance — Personal injury protection — Demand to reserve contested amounts stricken — Neither policy nor statute requires insurer to reserve funds after making full or part payment
BOUCHER CHIROPRACTIC, P.A., a/a/o WILSON WANG, #1, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Brevard County. Case No. 04-SC-25235. March 8, 2005. Cathleen B. Clarke, Judge. Counsel: Mitchell B. Haller, Hengber, Goldstein & Ray, P.A., Orlando. Mark N. McQuagge.
ORDER ON DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S NOTICE OF DEMAND TO RESERVE CONTESTED AMOUNTS
THIS CAUSE having come to be heard on the Defendant’s Motion to Strike Plaintiff’s Notice of Demand to Reserve Contested Amounts, and the Court otherwise being fully advised in the premises, it is hereby:
ORDERED AND ADJUDGED that Defendant’s Motion to Strike Plaintiff’s Notice of Demand to Reserve Contested Amounts is hereby GRANTED. The Court finds that no authority exists, either in Florida Statute § 627.736 or the policy of the insured, Wilson Wang, that requires PROGRESSIVE EXPRESS INSURANCE COMPANY to reserve any funds after they make payment in part or in full.
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