16 Fla. L. Weekly Supp. 1067b
Online Reference: FLWSUPP 1611FRAN
Insurance — Personal injury protection — Striking of affirmative defense
WEST DIXIE REHAB. & MEDICAL CENTER, INC., a Florida Corporation (assignee of Francois, Robinson), Plaintiff, v. SECURITY NATIONAL INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 09-4017 SP 23 (2). September 1, 2009. Caryn Canner Schwartz, Judge. Counsel: Yasmin Babain, Law Office of Russel Lazega, P.A., North Miami, for Plaintiff. Julio L. Diaz, for Defendant.
AGREED ORDER ON PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S AFFIRMATIVE DEFENSE
THIS CAUSE having come before the Court on Plaintiff’s Motion to Strike Defendant’s Affirmative Defense and the Court having been advised of the agreement by and between the counsel for the parties, it is hereby ORDERED AND ADJUDGED that said motion is:
1. GRANTED
2. Defendant’s first affirmative defense (bills and services after independent medical examination are not reasonable, related, or necessary) is not properly pled as an avoidance or defense and is therefore stricken.
3. Defendant is not barred from denying the reasonableness, relatedness, or necessity of any of Plaintiff’s bills or services based upon but not limited to independent medical examination findings.
