23 Fla. L. Weekly Supp. 654a
Online Reference: FLWSUPP 2306BERNInsurance — Personal injury protection — Coverage — Emergency medical condition — Where no qualified medical provider has determined that claimant suffered emergency medical condition, insurer properly limited benefits to $2,500
GOLDEN GATE CHIROPRACTIC CENTER, INC., a/a/o GERANDINA BERNAL, Plaintiff, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 20th Judicial Circuit in and for Collier County. Case No. 2014-SC-886. September 11, 2015. Honorable Michael Carr, Judge. Counsel: Andrew Shamis, Todd Landau & Associates, Hallandale Beach, for Plaintiff. Stephanie S. Hoffman, Conroy Simberg, Fort Myers, for Defendant.
FINAL SUMMARY JUDGMENT
THIS CAUSE having come before the Court upon Defendant, Progressive American Insurance Company’s, Motion for Final Summary Judgment on August 17, 2015 and the Court having considered the argument of counsel and being otherwise fully advised in the premises, the Court finds as follows:
1. Progressive insured Gerandina Bernal was involved in an automobile accident in Collier County, Florida on January 31, 2013.
2. Gerandina Bernal sought and received treatment at Golden Gate Chiropractic Center. Said treatment was rendered by a chiropractor.
3. Gerandina Bernal was also referred to Radiology Regional Center where she received three x-rays. The x-rays were read by a medical doctor (MD).
4. Progressive submitted an affidavit of its adjuster Ronald Anderson establishing that it has issued payments to both medical providers in the amount of $2,500.
5. Florida Statute 627.736 (2012) applies to this action, as stipulated by both parties. The Court has considered Hassen v. State Farm Mut. Aut. Ins. Co. 674 So. 2d. 106 (Fla. 1996) [21 Fla. L. Weekly S102c] provided by Plaintiff.
6. No report from any qualified medical professional listed in Florida Statute 627.736(1)(a)(3) has been provided to the Defendant or brought to the attention of the court, therefore reimbursement for all reasonable expenses for medically necessary services is limited to $2,500 pursuant to Florida Statute 627.736(1)(a)(4).
7. On the eve on hearing for this matter, Plaintiff filed an Emergency Motion to Continue Defendant’s Motions for Summary Judgment. The Court denies this motion after argument from counsel.
8. Defendant has no further liability in this action because it has paid $2,500 for medical treatment for its insured Gerandina Bernal.
9. Under the circumstances, Plaintiff is unable to recover on its claim for breach of contract as assignee of Progressive’s insured Gerandina Bernal as a matter of law.
10. The pleadings and affidavits on file show that there is no genuine issue of material fact and Defendant is entitled to summary judgment as a matter of law.
Accordingly, it is therefore ORDERED AND ADJUDGED that Plaintiff, Golden Gate Chiropractic Center, Inc. a/a/o Gerandina Bernal, take nothing by this action and that Defendant, Progressive American Insurance Company, shall go hence without day. The court reserves jurisdiction for an award of attorney’s fees and costs upon proper motion.
