22 Fla. L. Weekly Supp. 860a
Online Reference: FLWSUPP 2207TRIGInsurance — 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
NAPLES HMA, LLC D/B/A PHYSICIANS REGIONAL MEDICAL CENTER- COLLIER BOULEVARD, a Florida Corporation (assignee of Triguero, Arai), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 20th Judicial Circuit in and for Collier County. Case No. 11-2013-SC-000143-0001-XX. January 30, 2015. Vince Murphy, Judge. Counsel: James D. Underwood, Law Office of Russel Lazega d/b/a Florida Advocates, Dania Beach, for Plaintiff. Drew Stoller, Roig, Tutan, Rosenberg, Martin, Stoller, Zumpano & Bellido, Deerfield Beach, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTIONFOR PARTIAL SUMMARY JUDGMENT ASTO MISAPPLICATION OF THE DEDUCTIBLE
THIS CAUSE, having come before this Court for hearing on January 12, 2015 on Plaintiff’s Motion For Partial Summary Judgment as to Misapplication of the Deductible and, having heard argument of counsel and being otherwise duly advised in the premises, it is hereby ORDERED AND ADJUDGED: Plaintiff’s Motion For Partial Summary Judgment as to Misapplication of the Deductible is GRANTED. The Court finds the Defendant should have applied the deductible to 100% of the expenses and losses prior to applying any reductions. M & M Medical Center, Inc., Assignee Of Alexandra Martinez v. State Farm Mut. Auto. Ins. Co., 22 Fla. L. Weekly Supp. 378a (Fla. Miami Dade Cty., Judge Myriam Lehr, 2013).
