13 Fla. L. Weekly Supp. 380b

Insurance — Personal injury protection — Coverage — Medical expenses — Reasonable, related and necessary treatment — Summary judgment is granted in part where there is no disputed issue of material fact as to relatedness and medical necessity of treatment, but there remains dispute as to reasonableness of amount charged

HOWARD J. GELB, M.D., P.A., F.A.A.O.S. (a/a/o Sonila Fuentes), Plaintiff, vs. PROGRESSIVE CONSUMERS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 04-2512 COCE 53. December 12, 2005. Robert W. Lee, Judge. Counsel: Andrew J. Weinstein, Weinstein & Associates, P.A., Coral Springs, for Plaintiff. Lynne M. French, Miami, for Defendant.

ORDER GRANTING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

THIS CAUSE came before the Court on December 8, 2005 for hearing of the Plaintiff’s Motion for Summary Judgment, and the Court’s having reviewed the Motion and entire Court file; heard argument; reviewed the relevant legal authorities; and been sufficiently advised in the premises, finds as follows:

On November 4, 2005, the Plaintiff served its Motion for Summary Judgment, arguing that the medical treatment provided to the patient was reasonable, related, and medically necessary. Based on the Court’s review of the matters of record, as well as the arguments made at the hearing, the Court finds no disputed material fact as to whether the medical treatment was related to the traffic accident of March 10, 2003 and whether the treatment was medically necessary. There continues to be a disputed material fact, however, on whether the amount charged for the treatment was reasonable. Accordingly it is hereby

ORDERED AND ADJUDGED that the Plaintiff’s Motion for Summary Judgment is GRANTED IN PART on the issues of relatedness and medical necessity.