22 Fla. L. Weekly Supp. 378a
Online Reference: FLWSUPP 2203MARTInsurance — Personal injury protection — Deductible — Proper formula for payment of PIP claim requires that deductible be subtracted from total billing amount before statutory reductions are applied
M & M MEDICAL CENTER, INC., A Florida Corporation, Assignee of Alexandra Martinez, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Dade County, Civil Division. Case No. 10-21450-SP-23. October 9, 2013. Myriam Lehr, Judge. Counsel: Russel Lazega, Florida Advocates, Dania Beach, for Plaintiff. Michael Rosenberg, Roig, Tutan, Rosenberg, Martin, Stoller, Zumpano & Bellido, Deerfield Beach, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION FORPARTIAL SUMMARY JUDGMENT AS TODEFENDANT’S MISAPPLICATION OF DEDUCTIBLE
THIS CAUSE came before the Court on the Plaintiff’s Motion for Partial Summary Judgment as to Defendant’s Misapplication of the Policy Deductible.
The Court having heard extensive argument on the motion, and having reviewed all pertinent documents, including memoranda of law filed by the parties, and being otherwise fully advised in the premises, it is hereby:
ORDERED AND ADJUDGED that Plaintiff’s Motion for Partial Summary as to Defendant’s Misapplication of the Deductible pursuant to Florida Stat. 627.739 (2) (2003) is GRANTED.
The Court finds that the deductible is to be applied to 100% of the bill charged. See Flagler Hospital, Inc. v. Progressive Select Insurance Company, 18 Fla. L. Weekly Supp. 620c (Fla 7th Cir. 2011). The Court finds the above case persuasive and under the holding of the new case cited above, the proper formulation for the subtraction of the deductible is to subtract it from the total billing amount before the reductions pursuant to section 627.736 are applied.
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