27 Fla. L. Weekly Supp. 773a

Online Reference: FLWSUPP 2708BENJInsurance — Personal injury protection — Coverage — Medical expenses — Fraud — Plaintiff who is broker and not 100% long-term lessee of x-ray machine is not entitled to recover charges — Motion for summary judgment is entered in favor of insurer on fraud issues where plaintiff knowingly submitted false and misleading statements on claim form

LAKE WORTH PHYSICIANS ASSOCIATES, LLC (Patient: Marie-Claire Benjamin), Plaintiff, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant. County Court, 15th Judicial Circuit in and for Palm Beach County. Case No.: 502014 CC002529XXXXSB (RS). April 24, 2019. Marni Bryson, Judge. Counsel: Keith Hernandez, ROIG Lawyers, Deerfield Beach, for Defendant.ORDER ON DEFENDANT’S MOTION FORFINAL SUMMARY JUDGMENT(Hearing April 16, 2019)

THIS CAUSE having come before the Court on Defendant’s Motion for Final Summary Judgment and the Court having reviewed the Motion, the entire court file, and the relevant legal authorities; having heard argument, having made a thorough review of the matters filed of record; and having been sufficiently advised in the premises, the Court finds as follows:

Plaintiff is a broker as defined by § 627.732(1), Fla. Stat. (2012) because (a) the true owner of the x-ray machine was Back in Action, and (b) Plaintiff was not the 100-percent long-term lessee of the x-ray machine, and is therefore not entitled to recover any charges at issue.

Plaintiff knowingly submitted false and misleading statements to Defendant regarding the rendering of the X-rays, specifically Items 20 and 32 of the HICF.

WHEREFORE, Defendant’s Motion for Summary Judgment on Fraud Issues is hereby GRANTED.