16 Fla. L. Weekly Supp. 668b
Online Reference: FLWSUPP 167DAQUI
Insurance — Personal injury protection — Coverage — Medical expenses — Statutory amendment altering amount paid to medical providers under PIP statute operates prospectively and applies to all policies in effect on or after January 1, 2008
ALBERT DAQUIOAG, an insured individual, by and through his assignee, AMERICANA MEDICAL CLINIC, INC., Plaintiff, v. GEICO GENERAL INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 08-SC-7796. May 4, 2009. Deb S. Blechman, Judge. Counsel: David S. Dougherty, Coury Law Firm, P.A., Lake Mary. Dale L. Parker.
ORDER GRANTING SUMMARY JUDGMENT FOR PLAINTIFF
THIS CAUSE, having come before the Court on April 29, 2009, and the Court having reviewed the Plaintiff’s Motion for Summary Judgment, the Joint Stipulation of Facts and being otherwise fully advised in the premises makes the following conclusions of law:
1. In this case, the Court finds that altering the amount paid to medical providers under the new PIP statute is a substantive change.
2. In this case, this Court finds that since the Legislature intended the changes in the new PIP statute to apply to policies in effect on or after January 1, 2008, that the statute operates prospectively.
3. The Court finds that, as of the date of hearing, the law as interpreted by the County Court in Sarasota County in Physicians Group, LLC a/a/o Paul Androski v. GEICO Indemnity Co. and the 13th Judicial Circuit Court in Hillsborough County in Explorer Ins. Co. v. Physicians Group, LLC, is persuasive and finds, in the instant action, in accordance with the same.
Therefore, it is hereby ORDERED AND ADJUDGED as follows:
4. Summary Judgment is GRANTED in favor of the Plaintiff as a matter of law.
