23 Fla. L. Weekly Supp. 176a
Online Reference: FLWSUPP 2302ROBIInsurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Where payment made by insurer to another medical provider was not gratuitous, PIP benefits were properly exhausted
DADE INJURY REHABILITATION, INC. (A/A/O CARLENA ROBINSON), Plaintiff, vs. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 11-09142 CC 05 (08). June 18, 2015. Honorable Ivonne Cuesta, Judge. Counsel: William C. Ruggiero, Law Office of William C. Ruggiero, Ft. Lauderdale, for Plaintiff. Reuven T. Herssein, Herssein Law Group, North Miami, for Defendant.
ORDER&JUDGMENT FOR USAA CASUALTYINSURANCE COMPANY
THIS CAUSE, an Evidentiary Hearing of May 27, 2015, held per the mandate of the 11th Circuit Court Appellate Division, Case No. 12-342 AP, and the Court being otherwise advised in the premises, it is hereupon,
ORDERED AND ADJUDGED:
On May 27, 2015, this Court held an evidentiary hearing to determine whether the $4.98 payment issued by USAA on January 19, 2012 to Orthopedic and Spine Center of South Florida was a gratuitous payment. After hearing the testimony of Cynthia Munoz, Orthopedic and Spine Center of South Florida’s corporate representative with the most knowledge of the payment made, as well as USAA’s adjuster, Lisa Farlow, and having carefully weighed the evidence, this Court finds as follows:
The $4.98 payment made on January 19, 2012 by USAA to Orthopedic and Spine Center of South Florida was not a gratuitous payment.
There was no manipulation of the bills by USAA, submitted by any of Carlena Robinson’s medical providers.
The [USAA] PIP policy of insurance issued to Carlena Robinson was properly exhausted.
The Court, hereby, enters judgment in favor of the Defendant, USAA Casualty Insurance.
Plaintiff shall take nothing in this action, and Defendant shall go hence without day. The Court reserves jurisdiction to award attorney’s fees and costs.
