26 Fla. L. Weekly Supp. 298a
Online Reference: FLWSUPP 2604WARNInsurance — Personal injury protection — Med pay — Standing — Injured insured has standing to bring action against insurer for PIP and med pay benefits for full amount of services billed by medical provider and denied by insurer, irrespective of whether insured has paid bills
JESSICA WARNER, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. Circuit Court, 4th Judicial Circuit in and for Duval County, Small Claims Court. Case No. 16-2015-SC-001021, Division CC-Q. June 20, 2018. Dawn K. Hudson, Judge. Counsel: Law Offices of D. Scott Craig, LLC, Jacksonville, for Plaintiff. Kubicki Draper, Jacksonville, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION FORPARTIAL SUMMARY JUDGMENT THAT PLAINTIFF ISENTITLED TO SEEK THE FULL $4,660.00 IN MEDICALSERVICES BILLED BY PERSONAL INJURY PHYSICIANSAND DENIED BY DEFENDANT AND DENYINGDEFENDANT’S MOTION FORFINAL SUMMARY JUDGMENT
THIS CAUSE, having come before the Court upon both Plaintiff’s Motion For Partial Summary Judgment That Plaintiff Is Entitled To Seek The Full $4,660.00 In Medical Services Billed By Personal Injury Physicians And Denied By Defendant and Defendant’s Motion For Final Summary Judgment. The Court, having considered the motions and argument of Counsel, as well as binding legal authority FINDS:
The Florida Supreme Court in Allstate Insurance Company v. Kaklamanos, 843 So.2d 885 (Fla. 2003) [28 Fla. L. Weekly S287a], establishes that the Plaintiff possesses the required legal standing to seek the No-Fault (a/k/a “PIP” or “Personal Injury Protection”) and Medical Payments Coverage benefits denied by Defendant. “An insured who incurs reasonable and necessary medical expense on account of an automobile accident sustains losses and incurs liability for PIP and medpay benefits, whether or not the medical bills have been paid”, Kaklamanos, 843 So.2d at 897.
Therefore, IT IS HEREBY ORDERED that the Plaintiff’s Motion For Partial Summary Judgment That Plaintiff Is Entitled To Seek The Full $4,660.00 In Medical Services Billed By Personal Injury Physicians And Denied By Defendant is GRANTED. Defendant’s Motion For Final Summary Judgment is DENIED.
