27 Fla. L. Weekly Supp. 536a

Online Reference: FLWSUPP 2706MOREInsurance — Personal injury protection — Coverage — Medical expenses — Deductible — Standing — Medical provider whose initial gross bill failed to satisfy PIP deductible lacks standing to seek declaration that insurer improperly reduced its bill prior to application of deductible or to allege that reduction breached contract

THORPE CHIROPRACTIC AND REHAB CENTER a/a/o Markeisha Moreland, Plaintiff, v. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County, Civil Division. Case No. 17-006000-SC NORTH. June 10, 2019. John Carassas, Judge. Counsel: Gregory A. Rock, White & Twombly, Miami Shores, for Plaintiff. John Mollaghan, Windhaven Insurance Company, Miami, for Defendant.

FINAL ORDER GRANTING DEFENDANT’SSUMMARY JUDGMENT

THIS CAUSE, having been heard on the 22nd of May 2019, and the Court being advised in the premises, having reviewed the file, the law, and hearing argument, the Court makes the following findings:

1. Plaintiff filed suit as the alleged assignee of Markeisha Moreland, the named insured, who elected a $1,000 deductible.

2. Plaintiff challenged Defendant’s reduction of Plaintiff’s initial gross bill of $590 prior to application of the deductible in a demand letter.

3. A different provider subsequently satisfied the deductible.

4. Plaintiff filed a two-count complaint that asked the Court for a Declaration that Defendant improperly reduced Plaintiff’s billing prior to application of the Deductible, and also alleged that Defendant breached the contract.ORDERED AND ADJUDGED:

1. Defendant’s Amended Motion for Summary Judgment is hereby GRANTED, Plaintiff lacked standing because the bill at issue failed to satisfy the deductible.

2. Plaintiff lacked standing to ask the Court for a Declaration that the Defendant improperly reduced the bill applied to the deductible, because Plaintiff’s bill was not covered by the contract as Plaintiff’s bill failed to satisfy the deductible.

3. Plaintiff similarly lacked standing to allege the reduction breached the contract, because Plaintiff could not recover benefits under the contract, as Plaintiff failed to satisfy the deductible.

4. The Court reserves ruling on Defendant’s motions for attorney fees and costs.

5. The Plaintiff shall hence go forth without day.