7 Fla. L. Weekly Supp. 357b
Insurance — Evidence — Policy language regarding insurer’s right to refuse to pay medical expenses it deems to be unreasonable or unnecessary — Plaintiff’s motion in limine granted
VERONICA DAVIS, Plaintiff, vs. ALLSTATE INDEMNITY COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 99-007361-COCE-54. February 28, 2000. Zebedee W. Wright, Judge. Counsel: Cris E. Boyar, Singer, Farbman & Associates, P.A., Hollywood. Rafael I. Katz.
ORDER
THIS CAUSE having come on to be heard upon the Plaintiff’s Amended Motion in Limine under Certificate dated January 20, 2000. Counsel for the respective parties having agreed hereto, and the Court being otherwise fully advised in the premises, it is hereby:
ORDERED and ADJUDGED that:
1. Plaintiff’s Motion in Limine is hereby granted. The Defendant’s attorney and the Defendant’s witness are precluded from raising the following policy language:
Unreasonable or Unnecessary Medical Expenses
If an insured person incurs medical expenses which we deem to be unreasonable or unnecessary, we may refuse to pay for those medical expenses and contest them. If the insured person is sued by a medical provider because we refuse to pay medical expenses which we deem to be unnecessary or unreasonable, we will pay resulting defense costs and any resulting judgment against the insured person. We will choose the counsel. The insured person must co-operate with us in the defense of any claim or lawsuit. If we ask an insured person to attend hearings or trials, we will pay up to $50.00 per day for loss of wages or salary. We will also pay other reasonable expenses incurred at our request.
This policy language is without force or affect and the Defendant will not be permitted to utilize this language at the time of trial for any reason. Decker v. Allstate Insurance Co., 7 Fla. L. Weekly Supp. 145 (Fla. Broward County Court 1999), and Florlenza v. Allstate Indemnity Co., 7 Fla. L. Weekly. Supp. 74 (Fla. Brevard County Court 1999).
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