18 Fla. L. Weekly Supp. 399c
Online Reference: FLWSUPP 1804JEWE Insurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — In absence of any allegation of bad faith, where benefits were exhausted in payment to other medical providers after plaintiff medical provider filed suit, insurer is entitled to summary judgment
JEWETT ORTHOPAEDIC CLINIC, P.A., as assignee of LOIS WOOD, Plaintiff, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 08-SC-12822. January 7, 2011. Honorable Antoinette Plogstedt. Counsel: Wendy L. Pepper, Rissman, Barrett, Hurt, Donahue & McLain, P.A., Tampa, for Defendant.
FINAL SUMMARY JUDGMENT FOR DEFENDANT
THIS CAUSE having come to be heard on December 16, 2010, upon Defendant’s Motion for Final Summary Judgment (Certificate of Service September 13, 2010) and this Court, having reviewed the pleadings, hearing argument of counsel, and being otherwise fully advised in the premises,
HEREBY FINDS follows:
1. USAA issued an insurance policy which provided $10,000 in Personal Injury Protection (“PIP”) benefits, subject to a $500.00 deductible, along with $5,000.00 in optional Medical Payments coverage to Lois Wood.
2. On or about February 11, 2008, Lois Wood was involved in an automobile accident. As a result of the injuries she sustained, Lois Wood sought medical treatment from various medical providers, including the Plaintiff, Jewett Orthopedic Clinic, P.A.
3. USAA exhausted all PIP and Medical Payments coverage for this loss to Ms. Woods’ various medical providers.
4. The record evidence shows that the Medical Payments coverage was exhausted on September 26, 2008 to a provider other than Plaintiff and the PIP coverage exhausted on September 9, 2009 to a provider other than Plaintiff.
5. Jewett Orthopedic Clinic, P.A. filed this suit to recover disputed PIP benefits on or about October 18, 2008.
THEREFORE, it is hereby ORDERED AND ADJUDGED:
6. Based on the pleadings, discovery and documents filed, this Court finds that there is no genuine issue of material fact such that USAA is entitled to Final Summary Judgment as a matter of law as there is no available PIP or Medical Payments coverage remaining under its policy of insurance with Lois Wood for this loss.
7. This Court specifically finds that there are no allegations of bad faith pled by the Plaintiff in its Amended Complaint. Furthermore, there is no record evidence of any bad faith conduct by USAA in this case.
8. Based on the controlling case of Progressive American Insurance Company v. Stand Up MRI of Orlando (a/a/o Eusebio Isaac), 990 So.2d 3 (Fla. 5th DCA 2008) [33 Fla. L. Weekly D1746a], even if, as in this case, benefits exhausted after suit was filed, the Defendant is still entitled to Final Summary Judgment as a matter of law.
9. Therefore, Defendant’s Motion for Final Summary Judgment is hereby GRANTED.
10. Based on the foregoing, Plaintiff shall take nothing by this action and the Defendant shall go hence without day. Final Summary Judgment is hereby awarded to Defendant.
