13 Fla. L. Weekly Supp. 350a
Insurance — Personal injury protection — Indemnity — Insurer who was sued by claimant for payment of medical bills does not have cause of action for common law indemnity against medical provider — Third-party complaint dismissed
MONIQUE COOPER, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant/Third-Party Plaintiff, vs. ALL FAMILY CLINICS OF DAYTONA BEACH, INC. d/b/a FLORIDA MEDICAL ASSOCIATES, Third Party Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2005-33714-COCI. January 30, 2006. H. Pope Hamrick, Jr., Judge. Counsel: Robert A. Kingsford, Kingsford & Rock, P.A., Maitland. Thomas Caldwell, Rue & Ziffra, P.A., Port Orange. Kimberly P. Simoes, Susan W. Tolbert, P.L., Daytona Beach.
ORDER ON THIRD PARTY DEFENDANTS’ MOTION TO DISMISS
THIS CAUSE having come before the Court for consideration, and the Court having heard arguments of counsel and being otherwise fully advised, it is hereby
CONSIDERED, ORDERED AND ADJUDGED:
1. The Plaintiff, MONIQUE COOPER, filed an action against PROGRESSIVE EXPRESS INSURANCE COMPANY, for payment of medical bills incurred by MONIQUE COOPER.
2. PROGRESSIVE EXPRESS INSURANCE COMPANY filed a Third Party Complaint against the health care provider, ALL FAMILY CLINIC OF DAYTONA BEACH, INC., whose bills were at issue.
3. This Court finds that PROGRESSIVE EXPRESS INSURANCE COMPANY does not have a cause of action for common law indemnity against ALL FAMILY CLINIC OF DAYTONA BEACH, INC.
4. The Third Party Defendants’ Motion to Dismiss Third Party Complaint is GRANTED, with prejudice.
5. The Court reserves ruling on the Third Party Defendants’ Motion for Attorney Fees.
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