25 Fla. L. Weekly Supp. 556a
Online Reference: FLWSUPP 2506ALFOInsurance — Personal injury protection — Coverage — Medical expenses — Statutory fee schedules
WILFREDO ALFONSO, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court 11th Judicial Circuit in and for Dade County, General Jurisdiction Division. Case No. 13-13324 SP 25 (3). July 27, 2017. Patricia Marino Pedraza, Judge. Counsel: Walter A. Arguelles, Arguelles Legal, P.L., Miami, for Plaintiff. Justin Seigwald, Vernis & Bowling, P.A., Miami, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION FORSUMMARY JUDGMENT REGARDINGDEFENDANT’S FEE SCHEDULE LIMITATIONS
THIS CAUSE having come before the Court for hearing on July 17, 2017 upon Plaintiff’s Motion for Summary Judgment regarding Defendant’s Fee Schedule Limitations, and the Court after being fully advised on this issue, hereby holds as follows:
1. Plaintiff’s Motion for Summary Judgment regarding Defendant’s Fee Schedule Limitations is hereby GRANTED.
2. This Court finds that as a matter of law 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.
