12 Fla. L. Weekly Supp. 957a
Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — Where policy limits were exhausted after suit was filed, medical provider cannot maintain action against insurer
OCCUPATIONAL AND REHABILITATION CENTER, (as assignee for Malcolm Higginbotham), Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 16-2003-SC-7510, Division D. June 8, 2005. Russell L. Healey, Judge. Counsel: David G. Candelaria, Farah, Farah & Abbott, P.A., Jacksonville, for Plaintiff. Christopher K. Leifer, James C. Rinaman, III & Associates, P.A., Jacksonville, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY DISPOSITION
THIS CAUSE came before the Court on May 3, 2005 on the Defendant’s Motion for Summary Disposition. The Court, having reviewed the Motion, having heard the argument of counsel, having reviewed the relevant case law and being otherwise fully advised in the premises, it is hereby:
ORDERED AND ADJUDGED that the Court makes the following findings:
1. On or about July 23, 2003, Plaintiff, OCCUPATIONAL AND REHABILITATION CENTER, (as assignee for Malcolm Higginbotham), filed this suit for unpaid PIP benefits.
2. PIP benefits were exhausted on May 4, 2004.
3. Plaintiff, as assignee, is not entitled to any greater benefits than its assignor, Malcolm Higginbotham. The PIP benefits under the subject policy of insurance were limited to $10,000. Plaintiff, therefore, is not entitled to any benefits that would exceed that limit.
4. Because the $10,000 in PIP benefits were exhausted, Plaintiff can not maintain its action for PIP benefits against Defendant insurance company under the subject policy of insurance.
IT IS THEREFORE ORDERED AND ADJUDGED that:
5. Defendant’s Motion for Summary Disposition is GRANTED.
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