22 Fla. L. Weekly Supp. 1081b
Online Reference: FLWSUPP 2209ADAMInsurance — Personal injury protection — Coverage — Medical expenses — Where PIP policy specifically incorporates Medicare Part B fee schedules found in PIP statute, insurer is entitled to make payments pursuant to permissive statutory fee schedule
FLORIDA MOBILE IMAGING SERVICES, INC. a/a/o Ynocencia Adames, Plaintiff, vs. MGA INSURANCE COMPANY, INC., Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 14-3914 SP 25 (01). March 11, 2015. Gloria Gonzalez-Meyer, Judge. Counsel: Pushkar Singh, Push Singh, P.A., Coral Gables, for Plaintiff. Thomas F. Rhodes IV, Law Office of Felipe E. Diez, P.A., Miami, for Defendant.FINAL JUDGMENT
THIS ACTION WAS HEARD before the Court on March 10, 2015, on Defendant’s Motion for Final Summary Judgment as to Payment Pursuant to the Florida No-Fault Law and Policy.
On the evidence presented, the Court hereby GRANTS final summary judgment in favor of Defendant as to payment pursuant to the Florida No-Fault Law and policy of insurance. In doing so, this Court finds that the Defendant’s 0900 FL (01/13) insurance policy jacket specifically incorporates the Medicare Part B Fee Schedules found in the Florida No-Fault Law. Said policy is compliant with the Florida Supreme Court’s opinion in Geico General Insurance Company v. Virtual Imaging Services, Inc., 141 So.3d 147 (Fla. 2013) [38 Fla. L. Weekly S517a].
IT IS ADJUDGED that the Plaintiff, FLORIDA MOBILE IMAGING SERVICES, INC. a/a/o Ynocencia Adames, whose address is 974 S.W. 82 Avenue, Miami, FL 33144, shall take nothing by this action and that the Defendant, MGA INSURANCE COMPANY, INC., whose address is 9675 NW 177th Avenue, Suite 400, Miami, FL 33178, go hence without day.
