23 Fla. L. Weekly Supp. 65a
Online Reference: FLWSUPP 2301AROBInsurance — Personal injury protection — Evidence — Insurer shall not mention and may not ask any witness what insurer paid for bills not at issue or what reduced amount insurer paid for bills at issue
LARRY FISHMAN, L.M.T., P.A., as assignee of ANN MARIE ROBINSON, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 12-03571 COCE 56. May 12, 2015. Honorable Linda R. Pratt, Judge. Counsel: Andrew B. Davis-Henrichs, South Florida Trial Lawyers, LLC, Davie; and Emilio R. Stillo, for Plaintiff. Jessica N. Chapman, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION IN LIMINEREGARDING PAYMENTS MADE BY THE DEFENDANT
THIS CAUSE having come on for consideration on Plaintiff’s, LARRY FISHMAN, L.M.T., P.A., as assignee of ANN MARIE ROBINSON, Motion in Limine Regarding Payments made by the Defendant, it is hereby,
ORDERED AND ADJUDGED that said Motion be, and the same is hereby GRANTED as follows:
1. The Defendant shall not mention or ask any witness what the Defendant paid in this case for bills not at issue as it would not be relevant and it would be unduly confusing and prejudicial.
2. The Defendant shall not mention or ask any witness what the Defendant paid, at a reduced amount, for those bills which are at issue. It is not relevant as to whether the amount paid by the Defendant was reasonable as under Fla. Stat. §627.736(5)(a)(1), the Defendant must pay “Eighty percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services . . .” The Florida No-Fault Statute makes no reference to what the Defendant considers reasonable. The reasons and motivations underlying an insurer’s actions are irrelevant in a claim for insurance benefits. See Ginel v. Progressive Select Ins. Co., 17 Fla. L. Weekly Supp. 972a (Fla. 9th Cir. Ct. June 3, 2010); Progressive Express Ins. Co. v. St. Germain Chiropractic, 14 Fla. L. Weekly Supp. 758a (Fla. 9th Cir. Ct. May 25, 2007); Beaches Open MRI of Jacksonville (a/a/o Coreen Morehouse) v. State Farm Mutual Auto. Ins. Co., 21 Fla. L. Weekly Supp. 266a (Fla. Duval Cnty., Cnty. Ct. November 8, 2013).
