13 Fla. L. Weekly Supp. 157a
Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — PIP statute does not make provisions for demand to escrow benefits pending resolution of dispute
TERLEP CHIROPRACTIC, P.A., o/b/o Elijah St. Germain, Plaintiff, v. PROGRESSIVE AMERICAN 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-2005-198. October 10, 2005. Donald E. Scaglione, Judge. Counsel: Amy G. Cohen, New Port Richey. Kimberly A. Sandefer, Gale L. Young, P.A., Tampa.
ORDER ON DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S ALLEGATION DEMANDING THAT DEFENDANT ESCROW BENEFITS
THIS CAUSE, having come on before this Court on October 3, 2005, upon the Defendant’s Motion To Strike Plaintiff’s Allegation Demanding That Defendant Escrow Benefits, and the Court having heard argument of counsel for the respective parties, and being otherwise duly advised in the premises, it is hereby
ORDERED AND ADJUDGED that Defendant’s Motion To Strike Plaintiff’s Allegation Demanding That Defendant Escrow Benefits is GRANTED and paragraph #15 of Plaintiff’s Complaint is hereby stricken. F.S. §627.736 does not make provisions for the Plaintiff to demand an escrow of Personal Injury Protection (PIP) benefits pending the resolution of the dispute.
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