12 Fla. L. Weekly Supp. 231b
Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Medical provider/assignee’s interests under PIP policy are extinguished where benefits have been exhausted and provider failed to give insurer timely or sufficient notice of dispute prior to exhaustion — Summary judgment entered in favor of insurer
ISOMED DIAGNOSTICS CORPORATION a/a/o Tina Godwin, Plaintiff, vs. MERCURY INSURANCE COMPANY OF FLORIDA, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County, Small Claims Division. Case No. 04-3082-SC-SPC. December 8, 2004. Karl B. Grube, Judge. Counsel: Michele Muir, Boca Raton, for Plaintiff. Randall A. Wainoris, Haas, Dutton, Blackburn, Lewis & Longley, P.A., Tampa.
FINAL SUMMARY JUDGMENT
THIS CAUSE having come before the Court on November 3, 2004 on the motion of Defendant, MERCURY INSURANCE COMPANY OF FLORIDA, for final summary judgment and the Court having heard argument of counsel, having considered the authorities, and being otherwise fully advised in the premises, the Court makes the following findings:
1. This is an action for PIP benefits for services rendered as a result of a motor vehicle accident that occurred on or about August 4, 2003.
2. This action was served on the Insurance Commissioner on May 13, 2004.
3. According to the affidavit of Darlene Guerrin, Litigation Adjuster for Defendant, benefits under the insurance policy that insured Tina Goodwin were exhausted on March 23, 2004.
4. An assignee’s interests under a PIP policy are extinguished when the interests of the insured/assignor are extinguished. MTM Diagnostic, Inc. v. State Farm Mutual Automobile Insurance Co., 9 Fla. L. Weekly Supp. 581e (Hillsborough County Circuit Court, November 20, 2000).
5. Plaintiff did not give Defendant timely nor sufficient notice of this dispute prior to the exhaustion of benefits.
6. There is no disputed issue of material fact in this matter; personal injury protection benefits exhausted on March 23, 2004.
7. Since benefits have been exhausted as to the insured, the interests of the assignee are also extinguished.
8. Defendant fulfilled its contractual obligation to the Plaintiff.
ADJUDGED that Final Summary Judgment is entered in favor of Defendant, MERCURY INSURANCE COMPANY OF FLORIDA, that Plaintiff, ISOMED DIAGNOSTICS CORPORATION (as assignee of Tina Godwin), take nothing by this action, and Defendant, MERCURY INSURANCE COMPANY OF FLORIDA shall go hence without day.
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