24 Fla. L. Weekly Supp. 1002a

Online Reference: FLWSUPP 2411RAYHInsurance — Personal injury protection — Coverage — Medical expenses — Statutory fee schedules — Clear and unambiguous election by insurer

DR. DAVID ANTHONY, D.C. a/a/o Robert Rayhart, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 20th Judicial Circuit in and for Lee County. Case No. 15-SC-005623. September 9, 2016. James R. Adams, Judge. Counsel: Michael McQuagge, The McQuagge & King Law Firm, Fort Myers, for Plaintiff. Scharome Wolfe, Tampa, for Defendant.

ORDER ON SUMMARY JUDGMENT

THIS MATTER came on for consideration/hearing on July 25, 2016, on the Defendant’s Motion for Summary Judgment, and the Court having reviewed the pleadings, reviewed the submitted and supplemented case law referenced in such pleadings, having heard argument of counsel, and being duly advised in the premises, it is hereby

ORDERED AND ADJUDGED, as follows

1. In Policy 9810A, the Defendant made a clear and unambiguous election to limit payments for medical services based on the Florida Statute;

2. Defendant’s Motion for Summary Judgment is GRANTED.