6 Fla. L. Weekly Supp. 720b
Insurance — Personal injury protection — Plaintiff is equitable assignee of PIP benefits under policy at issue — Factual issue exists as to whether there are outstanding interest payments owed on bills which were paid prior to benefits being exhausted — Motion for summary judgment denied
FRANCISCO GOMEZ, M.D., P.A., (As assignee of Dorothy Hammond), Plaintiff, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 98-18016-SC, Division J. June 16, 1999. Marva L. Crenshaw, Judge. Counsel: Meena M. Lopez, Patrick and Lopez, Tampa, for Plaintiff. Vincent F. Iacono, Law Office of Howard W. Weber, for Defendant.
ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE having come before the Court on the Defendant’s Motion for Summary Judgment which was heard on May 26, 1999, the Court having heard the arguments of counsel, considered the points and authorities presented and otherwise being fully advised in the premises and the law, the Court finds:
1. The Plaintiff is an equitable assignee of Dorothy Hammond’s personal injury protection benefits under the GEICO policy at issue.
2. There is a genuine issue of material fact as to whether there are outstanding interest payments owed on bills of the Plaintiff which were paid prior to benefits being exhausted.
THEREFORE, it is hereby ORDERED and ADJUDGED that the Defendant’s Motion for Summary Judgment is DENIED.
* * *
