25 Fla. L. Weekly Supp. 616b
Online Reference: FLWSUPP 2507HANSInsurance — Personal injury protection — Coverage — Medical expenses — Deductible — Insurer properly reduced medical bills to allowable amounts before applying deductible to resulting amounts
BEACH BOULEVARD CHIROPRACTIC, LLC, as Assignee for Sheera Hansen, Plaintiff, vs. ESURANCE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 16-2016-SC-007404, Division CC-L. March 6, 2017. Michelle Kalil, Judge. Counsel: Donald Owens, III, MBA, PIP Guide Legal, LLC, Jacksonville, for Plaintiff. Eric S. Shubow, Jacksonville, for Defendant.
ORDER GRANTING DEFENDANT, ESURANCEPROPERTY AND CASUALTY INSURANCE COMPANY’S,MOTION TO DISMISS WITH PREJUDICE
THIS CAUSE having come to be heard on Defendant, ESURANCE PROPERTY AND CASUALTY INSURANCE COMPANY’s, Motion to Dismiss, and the arguments of all parties being heard, it is hereupon:
ORDERED AND ADJUDGED that said motion is Granted with Prejudice; and
IT IS ALSO ORDERED AND ADJUDGED that the sole issue before the Court in this matter was how to calculate the appropriate Personal Injury Protection (PIP) medical deductible pursuant to Florida Statutes §§ 627.736 and 627.739. All other issues had been stipulated to prior to the February 15, 2017 hearing on Defendant, ESURANCE PROPERTY AND CASUALTY INSURANCE COMPANY’s, Motion to Dismiss. Based on the materials that were provided and the arguments made by counsel, the Court finds that it is appropriate to reduce the billing to allowable amounts and apply the deductible thereafter because the deductible only applies to losses covered under the policy of insurance, not the total bills submitted.
