14 Fla. L. Weekly Supp. 1144a
Insurance — Personal injury protection — Declaratory action — Insurer’s authority to change CPT codes
ALL CARE HEALTH AND WELLNESS, INC., Florida Corporation (assignee of Fernandez, Maria), Plaintiff, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 07-16454 CC 23. September 24, 2007. Myriam Lehr, Judge. Counsel: Russel Lazega, Law Office of Russel Lazega, P.A., North Miami, for Plaintiff. Reuven T. Herssein, for Defendant.
ORDER DENYING DEFENDANT’S MOTION TODISMISS COUNT I (DECLARATORY RELIEFRE: DEFENDANT’S RECODING OF CPT CODE 97014)
THIS CAUSE, came before the court for hearing on September 24, 2007, and the court, having reviewed the Motion, the court file, legal authorities and having heard argument of counsel, finds as follows:
Factual Background:This is a multi-count P.I.P. case. Count I claims declaratory relief regarding Defendant’s recoding of CPT Code 97014; Count II is a claim for breach of contract regarding Defendant’s recoding of CPT Code 97014 and Count III is a claim for breach of contract for failure to provide P.I.P. benefits.
Conclusions of Law:Actions for declaratory relief are to be liberally allowed. See Higgins v. State Farm Fire & Cas. Co., 894 So. 2d 5 (Fla. 2004). Based on the four-corners of the complaint, Plaintiff has stated a viable cause of action for declaratory relief. Barbado v. Green & Murphy, P.A., 758 So. 2d 1173 (Fla. 4th DCA 2000) (holding “[a] motion to dismiss tests the legal sufficiency of the complaint” and “[a] court may not go beyond the four corners of the complaint in considering the legal sufficiency of the allegations).
Accordingly, it is hereby
ORDERED AND ADJUDGED that Defendant’s Motion to Dismiss is DENIED. Defendant shall respond to the complaint within 20 days.
