15 Fla. L. Weekly Supp. 821a

Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Motion for summary judgment is granted where benefits were exhausted before suit was filed — Motion to amend complaint is denied

SPINE & REHAB MEDICINE, P.A. (As assignee of Lisa Lipichuk), Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 5th Judicial Circuit in and for Hernando County. Case No. H-27-SP-2007-2136. June 16, 2008. Donald E. Scaglione, Judge. Counsel: Timothy A. Patrick, Nicolas, Lipscomb & Patrick, P.A., Tampa. Adam R. Filthaut, Adams & Diaco, P.A., Tampa.

ORDER ON SUMMARY JUDGMENT

THIS MATTER having come before the Court on the Defendant’s Motion for Summary Judgment and the Court having heard the case on April 17, 2008, reviewed the file, pleadings, received case law, and argument, it is hereby

ORDERED AND ADJUDGED that the Defendant’s Motion for Summary Judgment is GRANTED. It is clear that the medical bills were paid out and it is now demonstrated that the benefits are exhausted. Plaintiff filed suit after exhaustion of the benefits. It is hereby

ORDERED AND ADJUDGED that the Plaintiff’s Motion to Amend Complaint is DENIED. Plaintiff’s motion to amend was not filed until after Defendant filed his Summary Judgment motion. The file reflects ongoing discovery in this case.

Wherefore, Plaintiff’s motion to amend is DENIED, Defendant’s Motion for Summary Judgment is GRANTED.