12 Fla. L. Weekly Supp. 865c
Insurance — Personal injury protection — Med pay — Escrow of benefits — Request for reservation of benefits in amount sufficient to cover claims denied
S.M.S., D.O., P.A., d/b/a GULF COAST MEDICAL CENTER, o/b/o Melissa Patton, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, a foreign corporation duly authorized to transact business in the State of Florida, Defendant. County Court, 6th Judicial Circuit in and for Pasco County, Small Claims Court. Case No. 51-2004-SC-003247WS, Section S. June 17, 2005. Debra Roberts, Judge. Counsel: Amy G. Cohen. Kimberly A. Sandefer, Gale L. Young, P.A., Tampa.
ORDER GRANTING DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S ALLEGATIONS DEMANDING THAT DEFENDANT ESCROW BENEFITS
The Defendant, Progressive Express, moves this Court to strike paragraph 15 of the Plaintiff’s Complaint that request a reserve of benefits, PIP and Med Pay, in an amount sufficient to cover the Plaintiff’s claim(s). Having considered the case law submitted by Plaintiff and Defendant as well as the arguments of counsel presented during the hearing and being otherwise advised of the premises, this Court grants the Defendant’s Motion. Therefore, it is hereby
ORDERED AND ADJUDGED that the Defendant’s Motion is granted. Paragraph 15 of the Plaintiff’s Complaint is hereby stricken.
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