17 Fla. L. Weekly Supp. 1261a
Online Reference: FLWSUPP 1712CRAI
Insurance — Personal injury protection — Coverage — Medical expenses — Version of PIP statute in effect at time PIP policy was executed rather than version in effect at time of treatment, which provides for reduced payment, is applicable where statutory change is substantive
FIDEL S. GOLDSON, D.C., P.A., a Florida Corporation (assignee of Craig, Dian), Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-11344 COCE (53). July 9, 2010. Robert W. Lee, Judge. Counsel: Russel Lazega, Law Office of Russel Lazega, North Miami, for Plaintiff. Michael Rosenberg, Roig, Kasperovich & Tutan, P.A., Deerfield Beach.
FINAL SUMMARY JUDGMENT IN FAVOR OF PLAINTIFF
THIS CAUSE came before the Court for hearing on July 9, 2010 on Plaintiff’s Motion for Summary Judgment (on the issue of whether Defendant improperly and retroactively applied the 2008 P.I.P. fee schedule to a claim made under a 2007 policy) and the Court, having reviewed the motion and entire Court file; heard argument; reviewed the relevant legal authorities; and been sufficiently advised in the premises, the Court finds as follows:
Background: This is a P.I.P. case. Dian Craig obtained medical treatment and services from the Plaintiff from February 5, 2008 through June 21, 2008. The date of the accident was January 28, 2008. The applicable policy commenced September 25, 2007. Defendant reduced the allowable amount for the medical treatment and services to 200% of the 2008 participating physician’s fee schedule under Medicare Part B Pursuant to F.S. s. 627.736 (“2008 fee schedule”).
The parties have stipulated that the charges and services were reasonable, related and necessary. Therefore, the only remaining issue in this suit is whether the Defendant was permitted to apply the 2008 fee schedule to a claim made under a policy that was issued in 2007 when the 2007 P.I.P. statute was in effect.
Plaintiff moves for summary judgment asserting that the 2007 P.I.P. statute applies because the insurance contract was entered into in 2007, prior to the effective date of the 2008 P.I.P. statute. As such, the insurer must apply the P.I.P. law in place at the time the contract was executed, as to do otherwise would affect the provider’s substantive rights to payment (namely, the contracted payment amount). Defendant maintains that the 2008 fee schedule applies because the medical services were rendered in 2008.
Conclusions of Law: The Court continues to follow its prior rulings in Glenn Corkins, D.C., PH.D., P.A. (Yamileth Rodriguez) v. GEICO Indemnity Company, (Case No.: 08-15105 COCE 53) [16 Fla. L. Weekly Supp. 1185a]; Dorsal Rehab, Inc. f/k/a United Diagnostic & Rehab Associates v. GEICO Indemnity Company, 17 Fla. L. Weekly Supp. 226a (Broward County, Judge Robert W. Lee, 2009); Ronald J. Trapana, M.D., P.A. v. GEICO Indemnity Company, Case No.: 08-008902 COCE (53) (Broward County, Judge Robert W. Lee, 2010) [17 Fla. L. Weekly Supp. 592b]; and Ronald J. Trapana, M.D., P.A. v. Government Employees Insurance Company, Case No.: 08-10581 COCE (53) (Broward County, Judge Robert W. Lee, 2010) [17 Fla. L. Weekly Supp. 1042b], which concerned this very same issue and is supported by the analysis of the recent deision of the Florida Supreme Court in Menendez, Jr. Et Al. v. Progressive Express Ins. Co., 35 Fla. L. Weekly S81a (Fla. 2010) and enters judgment for Plaintiff’s as follows:
The Plaintiff, FIDEL S. GOLDSON, D.C., P.A., 734 N. State Road 7, Plantation, FL 33317, shall recover from the Defendant, STATE FARM FIRE AND CASUALTY COMPANY, Post Office Box 9619, Winter Haven, FL 33883, the principal sum of $4,539.05 together with interest at the rate of 11% pursuant to F.S. s. 627.736(4) in the amount of $1,168.33
This judgment shall bear interest at the rate of 6% per year from date of entry until satisfied. The draft shall be made payable to FIDEL S. GOLDSON, D.C., PA., and delivered to Russel Lazega, Esq. at the Law Office of Russel Lazega, 13499 Biscayne Blvd., Suite 107, North Miami, Florida 33181 or current business address at the time of payment.
Plaintiff is entitled to reasonable attorney’s fees and costs pursuant to F.S. s. 627.748. This Court reserves jurisdiction to award attorney’s fees and costs in favor of the Plaintiff, and to enter a Final Judgment for Attorney’s Fees and Costs accordingly.
Let execution issue for the above sums.
