24 Fla. L. Weekly Supp. 101a
Online Reference: FLWSUPP 2402MAYEInsurance — Personal injury protection — Coverage — Exhaustion of policy limits — Trial court’s finding that benefits were not exhausted is affirmed — Case remanded for recalculation of amount of remaining benefits after deduction of gratuitous payments
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, vs. ROBERTO RIVERA-MORALES, M.D., A/A/O THOMAS MAYEKO-COKLEE, Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 13-455 AP. L.T. Case No. 12-1672 SP 26. May 10, 2016. An appeal from the County Court in and for Miami Dade County, Judge Lawrence D. King. Counsel: Nancy W. Gregoire, for Appellant. Daniel M. Samson, for Appellee.
(Before LOPEZ, THOMAS AND HANZMAN, JJ.)
(THOMAS, Judge.) We affirm the trial court’s entry of summary judgment in favor of the Appellee and its denial of summary judgment for the Appellant. In doing so, we affirm the trial court’s finding of non-exhaustion of benefits, but reverse on the amount. This case is remanded to the trial court for a determination as to the total payments made by State Farm on the claim. Then the trial court shall deduct the admittedly gratuitous payments to the insured in the amount of $81.60 and additional gratuitous payments to Delray Beach Chiropractic Center totaling $930.75. Any amount remaining on the policy not exceeding the statutory limits of $10,000 shall be awarded.1
Accordingly, this matter is remanded for proceedings consistent with this opinion. The motions for appellate attorney’s fees are denied without prejudice, for determination on remand after entry of final judgment. (LOPEZ AND HANZMAN, JJ., CONCUR).
__________________
1Absent a finding of bad faith, the insurer’s liability cannot exceed statutory limits. GEICO Indemnity Co. v. Gables Ins. Recovery, Inc., 159 So. 3d 151 (Fla. 3d DCA 2014) [39 Fla. L. Weekly D2561a]; Northwoods Sports Medicine & Physical Rehab. Inc. v. State Farm Mut. Ins. Co., 137 So. 3d 1049 (Fla. 4th DCA 2014) [39 Fla. L. Weekly D491a].
