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APPLE MEDICAL CENTER, LLC a/a/o Ines George, Plaintiff, vs. INFINITY AUTO INSURANCE COMPANY, Defendant.

23 Fla. L. Weekly Supp. 364c

Online Reference: FLWSUPP 2304GEORInsurance — Personal injury protection — Coverage — Exhaustion of policy limits — Final summary judgment

APPLE MEDICAL CENTER, LLC a/a/o Ines George, Plaintiff, vs. INFINITY AUTO INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 13-2514 SP 24. September 3, 2015. Donald Cannava, Judge. Counsel: Michael Feldman, Law Office of Michael J. Feldman, P.A., Coral Gables, for Plaintiff. Leslie Goodman, Law Office of Leslie M. Goodman & Associates, Hollywood, for Defendant.

THIS CAUSE having come before the Court on September 3rd, 2015, pursuant to Defendant’s Motion for Final Summary Judgment as to Benefits Exhausted and the Court having reviewed the file, affidavits, pleadings, considered the arguments of Counsel, and being otherwise fully advised in this matter, does hereby make the following findings of fact and conclusions of law:RULINGS

It is therefore ORDERED AND ADJUDGED as follows:

Defendant’s Motion for Final Summary Judgment is hereby GRANTED. The Court finds that the Defendant fully performed its contractual obligations under the insurance contract by paying 100 percent of the insurance benefits available under the PIP portion of the subject policy. See Northwoods Sports Medicine and Physical Rehab, Inc. a/a/o Suzanne Cabrera v. State Farm Mut. Ins. Co.2014 WL 837091 at 7 (Fla. 4th DCA 2014) [39 Fla. L. Weekly D491a]; Millennium Radiology, LLC., vs. State Farm No. 3D12-3143 Lower Tribunal No. 10-11846 (Fla. 3d DCA 2014) [39 Fla. L. Weekly D2600d].

Judgment is entered in favor of the Defendant and the Plaintiff shall take nothing by this action and the Defendant shall go hence without a day.

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