25 Fla. L. Weekly Supp. 86a
Online Reference: FLWSUPP 2501PRADInsurance — Personal injury protection — Coverage — Medical expenses — PIP policy does not clearly and unambiguously incorporate schedule of maximum charges
PROFESSIONAL MEDICAL BUILDING GROUP, INC., a/a/o Manuel Prado, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign corporation, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, General Jurisdiction Division. Case No. 14-11280 SP 25 (01). March 8, 2017. Jason E. Dimitris, Judge. Counsel: Walter A. Arguelles, Arguelles Legal, P.L., Miami, for Plaintiff. Omar Giraldo and Kimberly Slaven, Cole, Scott & Kissane, P.A., Plantation, for Defendant.
ORDER ON PLAINTIFF’S MOTION FORSUMMARY JUDGMENT AS TO THE APPLICATIONOF THE MEDICARE PART B AND WORKER’SCOMPENSATION FEE SCHEDULES
THIS Cause, having come before the Court on March 8, 2017, upon Plaintiff’s Motion for Summary Judgment regarding Defendant’s Use and Application of the Medicare Part B and Workers’ Compensation Fee Schedules, and the Court, having reviewed the file, motion, and having heard argument of counsel, it is hereby ordered and adjudged:
1. Plaintiff’s Motion for Summary Judgment regarding Defendant’s Use and Application of the Medicare Part B and Workers’ Compensation Fee Schedules is hereby GRANTED IN PART.
2. The Court finds as a matter of law that the Defendant’s policy form 9810.7 and amendatory endorsement 6910.3 does not clearly and unambiguously incorporate the schedule of maximum charges as permitted by Fla. Stat. § 627.736.
3. The issue of reasonableness, relatedness and medical necessity remain at issue.
