21 Fla. L. Weekly Supp. 1068b
Online Reference: FLWSUPP 2110ROCCInsurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Summary judgment
B & A DIAGNOSTIC, INC a/a/o (Rocco, Michael), Plaintiff, vs. PEAK PROPERTY & CASUALTY INSURANCE CO., Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COSO 12-00428 (60). May 16, 2014. Honorable Ian Richards, Judge. Counsel: Carlo D. Marichael, Banker Lopez Gassler, PA, Plantation, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION FOR FINAL SUMMARY JUDGMENT
This matter having come before the Court on Defendant’s Motion for Final Summary Judgment, and the parties having heard argument in the premises, it is hereby ORDERED AND ADJUDGED that:
GRANTED.
The record reflects that Defendant paid $10,000 in personal injury protection benefits. In addition, the record does not reflect that Defendant made any gratuitous payments pursuant to Coral Imaging Servs. v. Geico Indem. Ins. Co., 955 So. 2d 11, 16 (Fla. 3d DCA 2006) [31 Fla. L. Weekly D2478a]or that it acted in bad faith as explained in Progressive Amer. Ins. Co. v. Stand-Up MRI of Orlando, 990 So. 2d 3 (Fla. 5th DCA 2008) [33 Fla. L. Weekly D1746a]. Accordingly, Defendant is entitled to summary judgment because it paid the policy limits. See Sheldon v. United Servs. Auto. Ass’n, 55 So. 3d 593, 595 (Fla. 1st DCA 2010) [36 Fla. L. Weekly D23a]; see also Simon v. Progressive Exp. Ins. Co., 904 So. 2d 449 (Fla. 4th DCA 2005) [30 Fla. L. Weekly D1156b].
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