19 Fla. L. Weekly Supp. 376a
Online Reference: FLWSUPP 1905MIRAInsurance — Personal injury protection — Coverage — Permissive statutory fee schedule of section 627.736(5)(a)2 could not be applied where policy made no reference to permissive fee schedule
MIRAMAR CHIROPRACTIC CENTER, LLC, D/B/A MIRAMAR MEDICAL CENTER, INC., a Florida Corporation (assignee of Alincy, Fedner 2), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-018478 COCE 51. January 6, 2012. Honorable Martin R. Dishowitz, Judge. Counsel: Russel Lazega, Law Office of Russel Lazega, North Miami, for Plaintiff. Roig, Tutan, Rosenberg & Zlotnick, P.A., Deerfield Beach, for Defendant.
ORDER GRANTING PLAINTIFF’S, MOTION FORPARTIAL SUMMARY JUDGMENT REGARDINGPOLICY LANGUAGE CONTROLLING OVERPERMISSIVE STATUTORY LANGUAGE
THIS CAUSE came before the court for hearing on December 19, 2011 on the Plaintiff’s Motion for Partial Summary Judgment Regarding Policy Language Controlling Over Permissive Statutory Language and the court, having reviewed the motion, the court file, legal authorities and having heard argument of counsel, it is hereby,
ORDERED AND ADJUDGED that Plaintiff’s Motion for Partial Summary Judgment Regarding Policy Language Controlling Over Permissive Statutory Language is GRANTED. Kingsway Amigo Insurance Company v. Ocean Health, Inc. (a/a/o Belizaire Gomez), 36 Fla. L. Weekly D1062a (Fla. 4th DCA 2011) and Geico Indemnity Company v. Virtual Imaging Services, Inc., 36 Fla. L. Weekly D2597a (Fla. 3rd DCA 2011). The Court finds that under the holding of Kingsway and Virtual Imaging, the fee schedule was not permitted to be applied in this case as the applicable policy “made no reference to the permissive methodology of subsection 627.736(5)(a)2.” Id. The Court further finds that the Defendant is required to issue payment at 80% of reasonable expenses as set forth in its policy.
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