24 Fla. L. Weekly Supp. 463a
Online Reference: FLWSUPP 2406CLARInsurance — Personal injury protection — Coverage — Medical expenses — PIP policy does not provide unambiguous notice of intent to limit reimbursement to Medicare fee schedule
RAPID REHABILITATION, INC a/a/o Clarke, Mark, Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COCE-15-017261 (50). July 5, 2016. Peter B. Skolnik, Judge. Counsel: Michael J. Fischetti, Shuster & Saben, LLC, Fort Lauderdale, for Plaintiff.
ORDER GRANTING PLAINTIFF’S MOTIONFOR SUMMARY JUDGEMENT AS TO APPLICATIONOF THE MEDICARE FEE SCHEDULE AS TO THECONSTRUCTION OF STATE FARM’S 9810A POLICY
THIS CAUSE came before the Court on May 23, 2016 for hearing on the Plaintiff’s Motion for Summary Judgement as to the Application of the Medicare Fee Schedule as to the Construction of State Farm’s 9810A Policy, and the Court, having considered the motions, the record and legal authorities cited by counsel and the argument of counsel, and being otherwise sufficiently advised in the premises,
IT IS ORDERED AND ADJUDGED that the Plaintiff’s Motion for Summary Judgement is hereby GRANTED as to the application of the Medicare Fee Schedule as to the Construction of State Farm’s 9810A Policy. The court has determined that the 9810A policy language is ambiguous as drafted and agrees with Judge Robert W. Lee’s reasoning and analysis in Pain and Injury Relief of Lake Worth (A/A/O Evener Deronvil) v. State Farm Fire and Casualty Insurance Company, Order Denying Defendant’s Second Amended Motion for Summary Judgement, Case No. 15-2819 COCE 53 (Broward Cty. Ct., March 30, 2016) [23 Fla. L. Weekly Supp. 1087a] (Lee, J.)
