22 Fla. L. Weekly Supp. 749b
Online Reference: FLWSUPP 2206SLONInsurance — Personal injury protection — Coverage — Emergency medical condition — Declaratory action — Question as to whether, under PIP statute, reimbursement limit of $10,000 or $2,500 is applicable when record is silent as to existence of emergency medical condition is appropriate matter for declaratory relief — Motion to dismiss denied
ADVANTAGE HEALTH & WELLNESS CENTER, LLC, a Florida Corporation assignee of Slone, Cassandra, Plaintiff, v. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 14-014584 COCE 50. January 20, 2015. Peter B. Skolnik, Judge. Counsel: Robert B. Goldman, Florida Advocates, Dania Beach, for Plaintiff.
ORDER DENYING DEFENDANT’S MOTION TO DISMISS
THIS CAUSE having come before the Court on January 8, 2015 upon Defendant’s Motion to Dismiss Plaintiff’s Complaint for Declaratory Relief regarding whether the scope/amount of PIP coverage is $10,000 or $2,500 for the instant claim, and the Court having heard argument of counsel and being otherwise fully advised, it is hereupon
ORDERED that Defendant’s motion to dismiss is DENIED without prejudice, and Defendant shall have twenty (20) days to respond to the Complaint. See Precision Diagnostics, Inc. (a/a/o Plumer, David) v. Progressive Express Ins. Co., 22 Fla. L. Weekly Supp. 393a (Broward Cty. Ct. Sept. 11, 2014).
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