22 Fla. L. Weekly Supp. 479a
Online Reference: FLWSUPP 2204KBUNInsurance — Personal injury protection — Coverage — Emergency services — Deductible — Because insurer is mandated by statute to reserve $5,000 for emergency service providers, insurer should not have applied claim by plaintiff provider within that classification to deductible
EMERGENCY MEDICINE PROFESSIONALS, P.A., as assignee of Kayla Bundy, Plaintiff, v. FIRST ACCEPTANCE INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 2012-SC-2306. October 27, 2014. Jerri L. Collins, Judge. Counsel: David B. Alexander, Orlando, for Plaintiff. James S. Gentry, Orlando, for Defendant.
REVERSED. (First Acceptance Ins. Co. v. Emergency Medicine Professionals, P.A., 14-73-AP, 2-29-2016)
ORDER GRANTING PLAINTIFF’S MOTIONFOR FINAL SUMMARY JUDGMENT
THIS MATTER having come before this Honorable Court on Plaintiff’s Motion for Final Summary Judgment and this Honorable Court having heard arguments of counsel on September 29, 2014 and being otherwise fully advised in the premises, it is hereby,
ORDERED AND ADJUDGED that:
1. Plaintiff’s Motion for Final Summary Judgment is hereby GRANTED.
2. No genuine issue of material fact remains and Plaintiff is entitled to judgment as a matter of law. In so ruling, the Court relies upon the arguments of counsel on September 29, 2014 and the record evidence before the Court. In addition, the Court relies upon this Court’s prior ruling in Emergency Physicians of Central Florida, LLP, as assignee of Adriel Rodriguez v. USAA General Indemnity Company, 20 Fla. L. Weekly Supp. 697a (18th Jud. Cir., Seminole Co., February 27, 2013). Further, this Court relies upon and is bound by the decisions of the Eighteenth Judicial Circuit in Direct General Insurance Company v. Emergency Physicians of Central Florida, LLP a/a/o Oriol Saintilma, Circuit Court, 18th Jud. Cir., Appellate, Case No. 12-51-AP (Honorable Judge Dickey, August 29, 2014) [22 Fla. L. Weekly Supp. 209b] and Direct General Insurance Company v. Emergency Physicians of Central Florida, LLP a/a/o Tina Watts, Circuit Court, 18th Jud. Cir., Appellate, Case No. 12-52-AP (Honorable Judge Dickey, August 29, 2014) [22 Fla. L. Weekly Supp. 209c].
3. Final Judgment is hereby granted in favor of the Plaintiff, EMERGENCY MEDICINE PROFESSIONALS, P.A., as assignee of Kayla Bundy, wherein Plaintiff shall recover from Defendant, FIRST ACCEPTANCE INSURANCE COMPANY, the sum of $432.00 plus 4.75% in interest in the amount of $55.43 for a total sum of $487.43 for which sum let execution issue.*
4. The Court finds Plaintiff is entitled to its reasonable attorneys’ fees and costs. The Court reserves jurisdiction to determine the amount of attorneys’ fees and costs to Plaintiff pursuant to Fla. Stat. §§627.736, 627.428 and 57.041.
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*Post judgment interest of 4.75% per annum shall accrue on this judgment pursuant to Fla. Stat. §55.03.
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