16 Fla. L. Weekly Supp. 964e
Online Reference: FLWSUPP 1610KALY
Insurance — Personal injury protection — Summary judgment — Exhaustion of policy limits — Factual issues preclude summary judgment
TAMPA BAY IMAGING, LLC, As assignee of JESSICA KALY, Plaintiff, v. DAIRYLAND INSURANCE COMPANY, a foreign corporation, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 08-38096, Division H. July 6, 2009. Eric R. Myers, Judge. Counsel: Philip A. Friedman, Friedman & Leifer, P.A., Tampa, for Plaintiff. James E. Bogos, Allen Kopet & Associates PLLC, Tampa, for Defendant.
ORDER DENYING MOTION FOR SUMMARY JUDGMENT
THIS CAUSE, having come before the Court upon Defendant’s Motion for Summary Judgment, the Court having conducted a June 29, 2009 hearing on same and otherwise being fully advised in the premises, it is hereby Ordered and Adjudged Defendant’s motion is deemed a Motion for Partial Summary Judgment directed to Counts Six and Seven of Plaintiff’s Complaint, and further, the Court denies same as genuine issues of material fact exist with respect to whether Personal Injury Protection insurance benefits available to Ms. Jennifer Kaly were properly or gratuitously paid as pertaining to Defendant’s Exhaustion of Benefits defense.
