21 Fla. L. Weekly Supp. 274a
Online Reference: FLWSUPP 2103WELCInsurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Where benefits were exhausted prior to medical provider filing suit, and there is no evidence of bad faith, insurer’s motion for summary judgment is granted
PAN AM DIAGNOSTIC SERVICES, INC. DBA WIDE OPEN MRI, INC. A/A/O: DAVID K. WELCH, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division, Small Claims Division. Case No. 12-2768 SP 26 (3). October 31, 2013. Honorable Michaelle Gonzalez-Paulson, Judge. Counsel: DeWayne Terry, Law Offices of Robert Rubenstein, P.A., for Plaintiff. Melanie L. Smith, Roig, Tutan, Rosenberg, Martin & Stoller, P.A., Deerfield Beach, for Defendant.
ORDER ON DEFENDANT’S MOTION FORFINAL SUMMARY JUDGMENT
THIS CAUSE came before the Court October 22, 2013, on Defendant’s Motion for Summary Judgment. The Court having heard arguments of counsel, having received case law, reviewing the Memorandum of Law and after a review of the record finds as follows:
1. The record reflects that the benefits were exhausted prior to filing suit. The Defendant in response to Plaintiff’s demand letter advised that benefits on the policy had been exhausted as of November 17, 2011. Exhaustion occurred prior to the suit. The record reflects that all bills were paid in the order received. The case law is clear that the Insurance Company is not required to hold funds in reserve even if bills are at issue. See Sheldon, D.C. v. United Services Automobile Association, 55 So.3d 593 (Fla. 1st DCA 2011) [36 Fla. L. Weekly D23a].
2. The Plaintiff relies on the case of Geico v. GIR a/a/o Rita Lauzan (11th Cir. App. June 25, 2013) [20 Fla. L. Weekly Supp. 862a] wherein this Court ruling was affirmed on the similar issue of exhaustion. However, this Court finds that the facts are distinguishable and in the case at bar the exhaustion occurred prior to filing suit. Therefore, taking into account the issue of benefits exhausted from the Third, Fourth, and Fifth District Courts of Appeal, the payments made on behalf of David K. Welch exhausted PIP benefits and there is no evidence of bad faith, Plaintiff’s interest is therefore extinguished.
Accordingly, it is ORDER AND ADJUDGED that:
1. Defendant’s Motion for Summary Judgment is hereby GRANTED.
2. The Court reserved jurisdiction to entertain any timely served motions to tax attorney’s fees and costs.
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