12 Fla. L. Weekly Supp. 580a
Insurance — Personal injury protection — Coverage — Medical expenses — Summary judgment is granted in favor of medical provider on issues of whether assignment is valid, whether MRI fee schedule limits amount of benefits to be paid for MRI and renders moot issue of reasonableness of bill, whether insured was involved in accident, whether insured was covered by valid policy on date of loss and whether MRI was reasonable, necessary and related to accident where provider provided record evidence meeting its burden of proof and insurer produced no contrary evidence
MRI SCAN CENTER, INC. (Nasly Quintero), Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 03-15941 COCE (49), General Civil Division. March 18, 2005. Kathleen D. Ireland, Judge. Counsel: Robert G. Nichols, Nichols Williams, P.A., Fort Lauderdale, for Plaintiff. John Wien, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION FOR FINAL SUMMARY JUDGEMENT AND FINAL JUDGMENT
THIS CAUSE, coming on to be heard upon the Plaintiff’s Motion for Final Summary Judgment, and the Court having read the relevant pleadings, and having heard argument from counsel for the parties during a hearing on the matter, it is, therefore,
ORDERED AND ADJUDGED that the Plaintiff’s Motion for Final Summary Judgment is GRANTED as follows:
ISSUE I WHETHER THE ASSIGNMENT OF RIGHTS AND BENEFITS ATTACHED TO THE COMPLAINT AS PLAINTIFF’S EXHIBIT A ISLEGALLY VALID?
RULING: The Plaintiff provided record evidence that the claimant, Nasley Quintero, executed a valid Assignment of Rights and Benefits in this case in favor of the Plaintiff. Therefore, Plaintiff has met its burden of proof. The Defendant produced no contrary evidence. The Court therefore grants summary judgment as to Issue I.
ISSUE II WHETHER THE AMOUNT OF PIP BENEFITS FOR THE MRI IN THIS CASE ARE PAYABLE ACCORDING TO A PRESET MRI FEE SCHEDULE, WHICH RENDERS MOOT ANY ISSUE REGARDING WHETHER THE AMOUNT OF THE BILL WAS “REASONABLE”?
RULING: The Court finds as a matter of law that the MRI Fee Schedule limits the amount of benefits to be paid for the MRI in this case. The Court therefore grants summary judgment as to Issue II.
ISSUE III. WHETHER NASLEY QUINTERO WAS INVOLVED IN AN AUTO ACCIDENT ON 5/16/02?
RULING: The Plaintiff provided record evidence that the claimant, Nasley Quintero, was involved in an automobile accident on 5/16/02. Therefore, Plaintiff has met its burden of proof. The Defendant produced no contrary evidence. The Court therefore grants summary judgment as to Issue III.
ISSUE IV WHETHER NASLEY QUINTERO WAS COVERED BY A VALID POLICY OF INSURANCE ISSUED BY DEFENDANT AND IN EFFECT ON THE DATE OF LOSS?
RULING: The Plaintiff provided record evidence that the claimant, Nasley Quintero, was covered by a valid policy of insurance issued by the Defendant, United Auto Insurance Company, on the date of the accident. Therefore, Plaintiff has met its burden of proof. The Defendant produced no contrary evidence. The Court therefore grants summary judgment as to Issue IV.
ISSUE V: WHETHER THE MRI, AND THE SUBSEQUENT INTERPRETATION, FOR NASLEY QUINTERO PERFORMED BY PLAINTIFF ON 11/4/02, WERE REASONABLE, NECESSARY AND RELATED TO THE AUTO ACCIDENT OF 5/6/02?
RULING: The Plaintiff provided record evidence that the 11/4/02 MRI of Nasley Quintero, and the subsequent interpretation, were both reasonable and necessary, and were casually related to the automobile accident on 5/16/02. Therefore, Plaintiff has met its burden of proof. The Defendant produced no contrary evidence. Therefore, the Court grants summary judgment as to Issue V.
It is, therefore,
ORDERED AND ADJUDGED that the Court hereby enters Final Summary Judgment in favor of the Plaintiff, and enters Final Judgment in the amount of $880.80 (i.e., $1101.00 x 80%), plus applicable statutory interest to date. The Court hereby reserves jurisdiction as to reasonable attorney’s fees and costs to the Plaintiff.
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