24 Fla. L. Weekly Supp. 994c
Online Reference: FLWSUPP 2411LOPEInsurance — Personal injury protection — Deductible
ADVANCED X-RAY ANALYSIS INC, a/a/o Marcio Lopes, Plaintiff(s), vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant(s). County Court, 15th Judicial Circuit in and for Palm Beach County, Civil Division “RE”. Case No. 50 2015 SC 004696 XXXX MB. January 6, 2017. On Motion for Rehearing/Clarification January 31, 2017. Nancy Perez, Judge. Counsel: Pam Rakow and Crystal Eiffert, Eiffert & Associates, PA, Orlando, for Plaintiff. Sean M. Sweeney, House Counsel — Trial Division, United Automobile Insurance Co., Miami, for Defendant.
ORDER
THIS CAUSE came before this Court on December 2, 2016 on Plaintiff’s Motion for Partial Summary Judgment with Plaintiff and Defendant represented by counsel.
Based on the motion filed, the opposition to the motion and case law presented, the Motion for Partial Summary Judgment is DENIED based on the ruling Garrison Property and Casualty v. New Smyrna Imaging LLC a/a/o Megan McClanahan, 23 Fla. L. Weekly Supp. 708a (18th Cir App 1/12/15) and the Supreme Court’s ruling in International Bankers Insurance Company v. Arnone and Great Oaks Casualty Ins. Co. v. Kelly, 552 So.2d 908 (Fla 1989). The Court’s International and in Garrison provided the deductible amount is to be subtracted/ applied to the benefits determined to be eligible by statute. [Editor’s note: Order on Motion for Rehearing/Clarification published below.]
__________________ORDER
THIS CAUSE came before this Court on January 30, 2017 on Plaintiff’s Motion for Rehearing/Clarification with Plaintiff and Defendant represented by counsel appearing via telephone. Based on the arguments presented, this Motion for Rehearing/Clarification is GRANTED IN PART.
Plaintiff’s Motion for Partial Summary Judgment is DENIED based on the ruling of Garrison Property and Casualty v. New Smyrna Imaging LLC a/a/o Megan McClanahan, 23 Fla. L. Weekly Supp. 708a (18th Cir App 1/12/15) and on policy as the policy language provides the company will pay in accordance with the Florida Motor Vehicle No-Fault Law (see Section IV A — Coverage [p. 7 — bottom] and C-2).
