22 Fla. L. Weekly Supp. 479b
Online Reference: FLWSUPP 2204CMCDInsurance — Personal injury protection — Affirmative defense asserting that insurer’s liability is limited to terms of policy and endorsement is stricken — Issue is whether amount charged by medical provider was reasonable, not whether insurer paid reasonable amount
NAPLES HMA, LLC D/B/A, PHYSICIANS REGIONAL MEDICAL CENTER-COLLIER BOULEVARD, A FLORIDA CORP. (A/A/O MCDONALD, CASEY), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 20th Judicial Circuit in and for Collier County. Case No. 11-2013-SC-1000198-0001-XX. October 17, 2014. Janeice T. Martin, Judge. Counsel: Robert B. Goldman, Florida Advocates, Dania Beach, for Plaintiff. Stephanie Hoffman, Conroy, Simberg, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION TO STRIKEDEFENDANT’S FIRST AMENDED AFFIRMATIVE DEFENSE
THIS CAUSE having come before the Court on October 10, 2014 upon the motion of the Plaintiff, NAPLES HMA, LLC D/B/A PHYSICIANS REGIONAL MEDICAL CENTER-COLLIER BOULEVARD, A FLORIDA CORP. (a/a/o McDonald, Casey), to strike the first amended affirmative defense of the Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (“STATE FARM”), in which STATE FARM asserts that its liability, if any is limited to the terms, conditions, coverages and exclusions of the subject Policy Form 9810.7 and Amendatory Endorsement 6910.3, and the Court having considered the motion, having heard argument of counsel and being otherwise fully advised, it is hereupon
ORDERED that the Plaintiff’s Motion to Strike Defendant’s First Amended Affirmative Defense is GRANTED, as the issue in the case is not whether STATE FARM paid a reasonable amount, but rather, whether a reasonable amount was charged by the Plaintiff.
