18 Fla. L. Weekly Supp. 1180c
Online Reference: FLWSUPP 1811BROT
nsurance — Personal injury protection — Coverage — False statements in claim — Where insurer has presented substantial competent evidence that medical provider knowingly submitted false and misleading statements in claims, neither insurer nor insured owes provider compensation for services included in claims
BROTHER MEDICAL CENTER a/a/o ADRIANA CAO, Plaintiff, vs. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 2007-12905-CC-05. May 12, 2011. Wendell Graham, Judge. Counsel: Brother Medical Center a/a/o Adriana Cao, pro se Plaintiff. Brian Wagner, Mateer & Harbert, Orlando, for Defendant.
FINAL JUDGMENT FOR THE DEFENDANT
THIS CAUSE came before this Court on the 12th day of May, 2011 on Defendant’s Motion for Summary Judgment and having been duly appraised of the circumstances and having heard argument from counsel, it is hereby ordered as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1. This is a claim for PIP benefits brought by Plaintiff, Brother Medical Center, as assignee of Adriana Cao (“Insured”) against the Defendant, State Farm.
2. The Plaintiff has filed not any affidavit in opposition to the Defendant’s Motion for Summary Judgment in this matter.
3. The Defendant, in support of its motion for summary judgment has filed the following:
a. The Affidavit of Dr. Lawrence Schechtman, D.C.
b. The Examination Under Oath transcript of Adriana Cao, dated May 23, 2006.
c. The sworn statement of Joe Baker, Executive Director for the Florida Department of Health, Board of Chiropractic Medicine.
4. State Farm’s motion sets forth substantial, competent evidence, that Plaintiff knowingly submitted false and misleading statements in the submission of this claim.
5. Based upon the foregoing, this Court finds that pursuant to Fla.Stat. §627.736(5)(b)(1)(c), State Farm does not owe Plaintiff any PIP benefits for any of the services included in Plaintiff’s claims for treatment of State Farm’s Insured. Likewise, the Insured does not owe Plaintiff any compensation for any of the services included in Plaintiff’s claims for treatment of her pursuant to Fla.Stat. §627.736(5)(b)(1)(c).
It is therefore, ORDERED AND ADJUDGED, that:
6. State Farm’s Motion for Summary Judgment is hereby GRANTED;
7. Final Judgment is hereby entered in favor of the Defendant, State Farm Fire and Casualty Company;
8. The Plaintiff shall take nothing by this action and State Farm shall go hence without day;
9. This Court shall reserve jurisdiction to award attorneys’ fees and costs in favor of State Farm and against Plaintiff, including jurisdiction to determine the issue of entitlement and the amount of such fees as allowable under Florida law.
