19 Fla. L. Weekly Supp. 202a
Online Reference: FLWSUPP 1903SYLVInsurance — Personal injury protection — Coverage — Medical expenses — Medical provider’s payment schedule is contrary to provision of PIP statute
LONG CHIROPRACTIC & REHAB CENTER, INC. a Florida corporation, as assignee of Pamela Sylvester, Plaintiff, v. USAA GENERAL INDEMNITY COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 09-CC-06614, Division J. May 12, 2011. Gaston J. Fernandez, Judge. Counsel: David B. Kampf, Ramey & Kampf, P.A., Tampa, for Defendant.ORDER ON DEFENDANT’S RENEWED MOTIONFOR SUMMARY JUDGEMENT
THIS CAUSE having come before the Court on January 6, 2011 on Defendant’s Renewed Motion and Memorandum of Law in Support of Summary Judgment, the Court having reviewed the file, and being otherwise fully advised in the premises, the Court finds as follows:
1. The Court finds that the payment schedule by the Plaintiff is contrary to the Florida PIP Statutes and the Court follows the holding in Progressive Consumers Insurance v. Craig A. Newman, 15 Fla. Law Weekly Supp. 129a (Fla. 13th Jud. Cir. App. July 17, 2007). Therefore, the Court grants Defendant’s Renewed Motion for Summary Judgement.
2. This Court reserves jurisdiction to address entitlement and reasonableness of attorney fees and costs.
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