19 Fla. L. Weekly Supp. 297b
Online Reference: FLWSUPP 1904VARGInsurance — Personal injury protection — Coverage — Insured occupying vehicle owned by named insured and not covered by policy
HIALEAH MEDICAL ASSOCIATES, INC., a/a/o MARITZA VALDES VARGAS, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, a Florida Corporation, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 08-3604 SP 05, Section 06. December 30, 2011. Gladys Perez, Judge. Counsel: Virginia Best, for Plaintiff. Thomas Hunker and Paula Ferris, Office of the General Counsel, Appellate Division, Miami, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION FORSUMMARY JUDGMENT AND DENYING DEFENDANT’SMOTION FOR 57.105 SANCTIONS
THIS CAUSE having come to be heard on the 21st day of November, 2011 on Defendant’s Motion for Final Summary Judgment Re: No Coverage and Request for Section 57.105 Sanctions and the Court having heard argument of counsel, reviewed the entire file and pertinent case law, and being otherwise advised in the premises, it is hereupon,
ORDERED AND ADJUDGED that Defendant’s Motion for Summary Judgment regarding coverage is hereby GRANTED. After much research and analysis, this Court concludes that it is bound by the decision in Quality Medical Group, Inc. a/a/o Pastor Rodriguez v. United Automobile Insurance Company, 16 Fla. L. Weekly Supp. 821a (11th Cir. App. July 8, 2009), cert. denied 23 So. 3d 123 (Fla. 3d DCA 2009), and cases cited therein.
IT IS FURTHER ORDERED AN ADJUDGED that Defendant’s Motion for 57.105 sanctions is hereby DENIED.
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