12 Fla. L. Weekly Supp. 976a
Insurance — Personal injury protection — Application — Misrepresentations — Partial summary judgment granted in favor of medical provider on issue of material misrepresentation
DR. STEPHEN CHASE, a/a/o Marie M. Geneus, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 04-3174 CC 25(2). May 6, 2005. Lawrence D. King, Judge. Counsel: Kevin W. Whitehead, Downs Brill Whitehead, Coral Gables. Craig R. Posner.
ORDER GRANTING PLAINTIFF’S SECOND MOTION FORPARTIAL SUMMARY JUDGMENT ON ISSUE OF MM and ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT ON ISSUE OF MM
THIS CAUSE having come to be heard on Plaintiff’s, DR. STEPHEN CHASE, a/a/o Marie M. Geneus’s, Second Motion for Partial Summary Judgment on issue of Material Misrepresentation and Defendant’s Motion for Summary Judgment on issue of Material Misrepresentation, after due notice to all parties, the Court having heard argument of counsel and having been otherwise fully advised in the premises, it is,
ORDERED AND ADJUDGED:
1. Plaintiff’s motion is GRANTED and the Defendant’s motion is DENIED.
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FINAL JUDGMENT
THIS CAUSE having come to be heard on Plaintiff’s, DR. STEPHEN CHASE, a/a/o Marie M. Geneus’, Second Motion for Partial Summary Judgment, the Court having heard argument of counsel on May 6th, 2005 after the parties receiving notice, and having been otherwise fully advised in the premises, it is,
ORDERED AND ADJUDGED as follows:
1. That the Plaintiff, DR. STEPHEN CHASE, a/a/o Marie M. Geneus, hereby recover from the Defendant, UNITED AUTOMOBILE INSURANCE COMPANY, 3909 N.E. 163rd Street, North Miami Beach, FL 33160, the principal sum of TWO THOUSAND SEVEN HUNDRED SIXTY DOLLARS AND NO CENTS ($2,760.00) ($5,950.00 x 80% – $2,000.00 = $2,760.00) plus interest in the amount of TWO HUNDRED THIRTY NINE DOLLARS AND SEVENTY FIVE CENTS ($239.75), for a total amount of TWO THOUSAND NINE HUNDRED NINETY NINE DOLLARS AND SEVENTY FIVE CENTS ($2,999.75), for which let execution issue. This judgment shall bear interest at the rate of 7% per year from date of entry until satisfied. The draft shall be made payable to DR. STEPHEN CHASE and delivered to Kevin W. Whitehead, Esq. at 255 University Drive, Coral Gables, FL 33134 or current business address at the time of payment.
2. This Court reserves jurisdiction to award attorney’s fees and costs in favor of the Plaintiff, and enter a Final Judgment for Attorney’s Fees and Costs accordingly.
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