13 Fla. L. Weekly Supp. 348b
Insurance — Personal injury protection — Exhaustion of benefits — Demand to escrow benefits is stricken as not authorized by statute — Demand letter — Complaint is dismissed with leave to amend by attaching copy of purported demand letter
S.M.S., D.O., P.A., d/b/a GULF COAST MEDICAL CENTER o/b/o Charlene Goulet, Plaintiff, vs. PROGRESSIVE AUTO PRO INSURANCE COMPANY, a foreign corporation duly authorized to transact business in the State of Florida, Defendant. County Court, 5th Judicial Circuit in and for Hernando County, Small Claims Division. Case No. H-27-SP-2004-000735. October 10, 2005. Donald Scaglione, Judge. Counsel: Kimberly A. Sandefer, Tampa. Amy G. Cohen, New Port Richey.
AGREED ORDER GRANTING DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S ALLEGATIONS DEMANDING THAT DEFENDANT ESCROW BENEFITS AND MEMORANDUM OFLAW AND GRANTING DEFENDANT’S MOTION TO DISMISS AND MEMORANDUM OF LAW
Pursuant to the Stipulation filed by counsel for the parties herein, and upon consideration thereof, it is hereby,
ORDERED and ADJUDGED as follows:
1. Defendant’s Motion To Strike Plaintiff’s Allegations Demanding That Defendant Escrow Benefits And Memorandum Of Law is GRANTED. Paragraph 15 of Plaintiff’s Complaint filed herein, which requests a reservation of benefits, PIP and Med Pay, in an amount sufficient to cover the Plaintiff’s claim(s) is hereby stricken. F.S. §627.736 does not make provisions for the Plaintiff to demand an escrow of Personal Injury Benefits (PIP) benefits pending the resolution of the dispute.
2. Defendant’s Motion To Dismiss And Memorandum Of Law is GRANTED, without prejudice. Plaintiff shall amend the Complaint to the extent that Plaintiff shall attach a complete copy of the purported demand letter(s) together with all enclosures referred to in the purported demand letter(s) that are attached to Plaintiff’s Complaint filed herein. Plaintiff shall attach said documents to a copy of the Complaint and forward same to Defendant within twenty (20) days from the date of the entry of this Agreed Order.
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