6 Fla. L. Weekly Supp. 236b
Insurance — Personal injury protection — Plaintiff who acknowledges that he is seeking declaration concerning his rights under insurance policy as policy relates to 30-day review and independent medical examination requirements under section 627.736(7) is not entitled to summary judgment because claim for lost wages, which is the only claim remaining, is not implicated by IME requirement
LUKE SMITH, Plaintiff, vs. PROGRESSIVE BAYSIDE INSURANCE COMPANY, Defendant. County Court of the 17th Judicial Circuit, in and for Broward County. Case No. 96-13786 COCE 56. December 21, 1998. Robert W. Lee, Judge.
ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE came before the Court on December 11, 1998 for hearing of the Plaintiff’s Motion for Summary Judgment, and the Court’s having reviewed the Motion and Court file; heard argument of counsel; reviewed the relevant legal authorities; and been otherwise advised in the premises, finds as follows:
Plaintiff has brought this PIP action seeking the following damages from the Defendant insurer: necessary medical, rehabilitative, nursing and remedial care; lost wages; loss of earning capacity and transportation expense related to medical treatment. Plaintiff’s Motion for Summary Judgment is addressed to medical expenses. Specifically, Plaintiff claims that the Defendant denied payment for medical expenses without a requisite independent medical examination.
At the hearing on this Motion, the attorneys pointed out that this Court had already disposed of the medical expense claims due to the Plaintiff’s executing an assignment of benefits in favor of the medical service provider. This action thereafter continued as one for lost wages. Plaintiff acknowledges that he is now seeking a declaration from this Court as to the Plaintiff’s rights under the insurance policy as it relates to the 30-day review and IME requirements under Fla. Stat. §627.736(7). However, after carefully reviewing the Complaint in this matter, the Court notes that no action or request for declaratory relief was filed in this case. Moreover, the only admitted remaining issue in this case — lost wages — is not implicated by the IME requirement. Accordingly, it is hereby
ORDERED AND ADJUDGED that the Plaintiff’s Motion for Summary Judgment is DENIED.
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