15 Fla. L. Weekly Supp. 284a

Insurance — Personal injury protection — Declaratory judgment — Recoding CPT codes — Medical provider has stated viable cause of action for declaratory relief regarding whether insurer may recode CPT codes

RONALD J. TRAPANA, M.D., P.A. Florida Corporation (assignee of Fiallos, Irvin), Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 07-04200 COSO 61. September 18, 2007. Arlene J. Simon, 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 RELIEF RE:DEFENDANT’S RECODING OF CPT CODE 97014)

THIS CAUSE, came before the court for hearing on September 18, 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 whether Defendant may recode CPT Code 97014 to G0283); Count II is a claim for breach of contract (claiming Defendant breached the P.I.P. statute, and therefore the contract, by recoding CPT code 97014 to G0283) 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., 758So. 2d 1173 (Fla. 4th DCA 2000) (holding “[a] motion todismiss 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.