6 Fla. L. Weekly Supp. 720e
Insurance — Personal injury protection — Independent medical examination should have been scheduled in municipality in which insured resides under circumstances
HEALTHCARE FINANCIAL SERVICES, INC., (As Assignee of Simona Penaloza, as Legal Guardian of Monica Penaloza, a minor), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 96-18517 CC, Division H. July 24, 1999. Phillip Fougerousse, Judge. Counsel: Meena M. Lopez, Patrick and Lopez, Tampa, for Plaintiff. Karen A. Barnett, Barnett & Associates, for Defendant.
ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE coming before the Court on the Defendant’s Motion for Summary Judgment and the Court having considered the argument of counsel, it is hereby ORDERED AND ADJUDGED:
1. Dr. Afield’s notes indicate that his care of the patient ceased on April 1, 1996 and since the IME’s scheduled in Tampa which were unattended by the insured occurred after that date, there was no longer any medical coverage being provided in Tampa at the time of the examinations as a result. Strictly construing the statute, the IME’s should have been scheduled in the municipality the insured resides in as no medical coverage was being provided in Tampa at the time of the IME’s which were dated April 26, 1996 and May 8, 1996.
2. Based on the foregoing, the Defendant’s Motion for Summary Judgment be and the same is hereby DENIED.
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