12 Fla. L. Weekly Supp. 1104a
Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Subsequent claim for unpaid portion of bills — Insurer has no obligation to reserve funds where no objection has been made or lawsuit filed by medical provider at time of exhaustion of benefits
NEUROLOGICAL TESTING CENTERS & AMERICA, INC. (CATHERINE NEALEY), Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 03-12972 COCE (49). August 5, 2005. Kathleen D. Ireland, Judge. Counsel: Michael Feinman, for Plaintiff. Virginia Wolf Gilliam, Bernstein, Chackman & Liss, Hollywood, for Defendant.
FINAL JUDGMENT
The Court having entered Summary Judgment in favor of Defendant Progressive Express Insurance Company against the Plaintiff Neurological Testing Centers & America, Inc., as assignee of Catherine Nealey on May 11, 2005, Final Judgment is hereby entered in favor of Defendant, Progressive Express Insurance Company who shall go henceforth without day. The Court makes the following findings of fact and law:
1. Plaintiff submitted a bill that was paid at a reduced rate by Defendant on March 12, 1999.
2. Plaintiff accepted this payment without complaint or objection.
3. Thereafter, in December, 1999, the benefits under Defendant’s personal injury protection policy exhausted, prior to Plaintiff’s filing of this lawsuit on July 10, 2003.
4. The insurer Defendant, Progressive Express Insurance Company, has no obligation to reserve funds where no objection has been made or lawsuit filed by the Plaintiff at the time of the exhaustion of benefits. See Dr. Robert D. Simon, M.D., P.A. a/a/o Eric Hon v. Progressive Express Insurance Company, 2005 WL 1026613 (Fla. 4th DCA 2005) [30 Fla. L. Weekly D1156b].
5. Final Judgment is hereby entered in favor of Defendant Progressive Express Insurance Company who shall go hence without day.
6. The Court reserves jurisdiction to tax costs and attorney’s fees, if appropriate, upon proper motion.
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