26 Fla. L. Weekly Supp. 521a
Online Reference: FLWSUPP 2606COACInsurance — Personal injury protection — Coverage — Medical expenses — Multiple Procedure Payment Reduction — Clear and unambiguous election by insurer
INLINE CHIROPRACTIC GROUP INC, Plaintiff(s) / Petitioner(s) v. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant(s) / Respondent(s). County Court, 17th Judicial Circuit in and for Broward County. Case No. COCE17004885. Division 50. August 16, 2018. Mardi Levey Cohen, Judge. Counsel: John C. Daly and Matthew C. Barber, for Plaintiff. Brian S. Goldstein and Patrick J. Gerace, Progressive PIP House Counsel, for Defendant.
ORDER ON DEFENDANT’S MOTIONFOR SUMMARY JUDGMENT
This matter having been presented before this Court for consideration, and having heard argument, reviewed and considered pertinent caselaw, applicable court rulings, the record and filings, and all applicable rules, it is hereby,
ORDERED AND ADJUDGED:
This Court heard argument on Defendant’s Motion For Summary Judgment on August 6, 2018, and deferred ruling. This Court agrees with the ruling found in Path Medical-Broward (a/a/o Shanti’ Bryant) v. Progressive Select Insurance, 24 Fla. L. Weekly Supp. 894a (Fla. 17th Cir., June 15, 2016), holding that a policy that provides that the insurer may apply MPPR when determining amount payable under Medicare fee schedule, clearly and unambiguously provides notice of the insurer’s intent to rely upon MPPR in calculating reimbursement.
Defendant’s Motion for Final Summary Judgment is hereby GRANTED.
