15 Fla. L. Weekly Supp. 334a

Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Insurer was not required to set aside reserve fund for monies in dispute with medical provider

B&D CHIROPRACTIC CENTER, INC., a/a/o LINA YEPES, Appellant, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 06-003137 (04). L.T. Case No. 03-3010 COCE 56. November 6, 2007. Counsel: Marlene S. Reiss, Miami, for Appellant. Douglas H. Stein, Miami, for Appellee.

(ROBERT B. CARNEY, J.) The pertinent facts are as follows: Plaintiff, a health care provider submitted a claim to Progressive Express Insurance Company. Progressive failed to pay the claim in full and Plaintiff filed suit. Thereafter, Progressive exhausted the limits of its PIP coverage. The parties disagree whether the post complaint coverage was paid to an employee of Plaintiff or an independent contractor, but the court is of the view that this is immaterial. When the PIP benefits were exhausted, Progressive filed an amended affirmative defense alleging exhaustion of PIP benefits and the lower court granted summary judgment in favor of Progressive.

The narrow issue before the court is whether Progressive should have set aside monies that were in dispute with Plaintiff or whether Progressive could continue to pay claims as they accrued until the exhaustion of PIP benefits. This court is of the view that Simon v. Progressive Express Insurance Company, 904 So.2d 449 (Fla. 4th DCA 2005) is controlling. While the facts of that case differ slightly from this one, the holding of the court was clear. It expressly declined to require an insurance company to set aside a reserve fund for disputed claims.

Accordingly, the decision of the lower court is affirmed.