15 Fla. L. Weekly Supp. 922b

Insurance — Personal injury protection — Medical treatment — Reasonable, related and necessary expenses — Evidence — Peer review — Affidavit of peer review physician was sufficient to create question of fact as to reasonableness, relatedness and medical necessity of treatment although peer review was not conducted until after litigation had commenced

Confession of error at 17 Fla. L. Weekly Supp. 81a (United Auto Ins. Co. v. Friedman Chiropractic Center, P.A., 11th Cir., 12-2-09)

FRIEDMAN CHIROPRACTIC CENTER, a/a/o REBECCA CARRION, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, a Florida Corporation, Defendant. County Court, 11th Judicial Circuit in and for Miami Dade County, Civil Division. Case No. 07-786 CC 26 (03). July 11, 2008. Patricia Marino Pedraza, Judge. Counsel: Zachary A. Hicks, Samole & Berger, P.A., Miami, for Plaintiff. Melissa Soriano, Pacheco Perez Ortiz, P.A., Miami, for Defendant.

ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AS TO RRN

THIS CAUSE having come before the Court upon Plaintiff’s Motion for Summary Judgment and the court having heard argument of counsel and being otherwise duly advised in the premises, the Court hereby denies Plaintiff’s Motion for Summary Judgment on the issue of reasonable, related and necessary.

ORDERED AND ADJUDGED as follows:

1. The Court finds that although the peer review by Dr. Morris was conducted approximately two months after the initial hearing date for Plaintiff’s Motion for Summary Judgment, this court is bound to follow United Automobile Insurance Company v. Bermudez, 980 So. 2d 1213 (Fla. 3rd DCA 2008). Therefore, based upon Dr. Morris’s affidavit, the court finds that there exists a genuine issue of material fact as to whether the medical treatment received by the insured was reasonable, related and necessary. Further, the court declines to strike the affidavit based upon the holding in United Automobile Insurance Company v. Quality Medical Group, Inc., 15 Fla. L. Weekly Supp. 567a.