26 Fla. L. Weekly Supp. 239a
Online Reference: FLWSUPP 2603TAYLInsurance — Personal injury protection — Coverage — Medical benefits — Emergency medical condition — $2500 limit for “bodily injury” deemed to be provided by policy at issue is subsumed into total aggregate of $10,000 available when it is determined that injured person has sustained emergency medical condition
RON WECHSEL, D.C., INC. d/b/a WECHSEL PAIN & REHAB CENTER, (a/a/o Stephanie Taylor), Plaintiff, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COWE 17-010782 (80). April 23, 2018. Olga Levine, Judge. Counsel: Thomas J. Wenzel, Cindy A. Goldstein, P.A., Coral Springs, and Travis Greene, Law Offices of Anidjar & Levine, P.A., Fort Lauderdale, for Plaintiff. Keith Hernandez, Roig Lawyers, Deerfield Beach, for Defendant.
ORDER ON PETITIONER’S AND DEFENDANT’SMOTIONS FOR SUMMARY JUDGMENT REGARDINGPETITIONER’S PETITION FOR DECLARATORY RELIEF
THIS CAUSE having come before the Court on Petitioner’s Motion For Summary Judgment Regarding Petitioner’s Petition for Declaratory Relief and Defendant’s Motion For Summary Judgment Regarding Petitioner’s Petition for Declaratory Relief and the Court having heard argument of counsel, and being otherwise advised in the Premises, the Court finds as follows:
Petitioner’s Motion for Summary Judgment is hereby DENIED and Defendant’s Motion for Summary Judgment is hereby GRANTED. The subject policy is deemed to provide $2,500 in Personal Injury Protection benefits, which is subsumed into the total aggregate of $10,000 in Personal Injury Protection benefits when it has been determined that the injured person has sustained an emergency medical condition.
In its plain reading of the policy the Court finds the $2,500 to be part of the $10,000. The Court agrees with Plaintiff that the policy does not specifically identify that the $2,500 limit for “bodily injury” is to be subsumed into $10,000 limit for an “emergency medical condition.” However, whereas the Personal Injury Protection coverage provided to the named insured is mandated by Florida Statute 627.736, the Court finds the policy to be legally sufficient and not ambiguous, when contemplating the statute and its verbiage.
Petitioner shall take nothing by way of this action and Respondent shall go hence without day. The Court reserves jurisdiction to award attorney fees and costs.
