15 Fla. L. Weekly Supp. 1115a
Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — Insurer is not liable to pay PIP benefits once benefits are exhausted, absent showing that benefits were exhausted in bad faith, and is not required to set aside reserve for disputed claims
AGUSTIN SOBRINO, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 05-2272-CC-24 (01). August 5, 2008. Darrin P. Gayles, Judge. Counsel: Gregory E. Gudin, Office of the General Counsel, United Automobile Insurance Company, Miami Gardens, for Defendant.
ORDER DENYING PLAINTIFF’S MOTION FOR REHEARING AND/OR RECONSIDERATION OF GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT ON THE ISSUE OF EXHAUSTION OF BENEFITS
THIS CAUSE came before this Court pursuant to Plaintiff’s motion for rehearing and/or reconsideration of the granting of Defendant’s motion for summary judgment on the issue of exhaustion of benefits; and after reviewing the record, hearing argument by counsel, and being otherwise fully advised in the premises, it is
ORDERED and ADJUDGED that Plaintiff’s motions for rehearing and reconsideration are hereby DENIED. The Court finds that no requirement exists under Florida law for the Defendant, as a PIP insurer, to set-aside or place in escrow a reserve for disputed claims. See Progressive American Insurance Co. v. Stand-Up MRI of Orlando, 33 Fla. L. Weekly D1746 (Fla. 5th DCA July 11, 2008); See also Simon v. Progressive Express Insurance Co., 904 So.2d 449 (Fla. 4th DCA 2005). The Court further finds that absent a showing that the claimant’s PIP benefits were exhausted by the Defendant in bad faith, the Defendant is not liable to pay benefits to Plaintiff on the instant claims once the PIP benefits were exhausted. See id.
