8 Fla. L. Weekly Supp. 262a
Insurance — Personal injury protection — Preferred provider rates — Section 627.736(a) provides exclusive means by which an insurance company can pay preferred provider rates on Florida personal injury protection automobile coverage — An insurance company cannot, by artifice of erecting a buffer or middleman avoid the mandate of statute — Full PIP benefits of 80% of reasonable and necessary medical expenses must be paid by insurer if insurer does not comply with all requirements of statute
DAVID W. ICE, Plaintiff, vs. PROGRESSIVE BAYSIDE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 98-12491 COCE 53. December 12, 2000. William W. Herring, Judge. Counsel: Ronald F. Shapiro. Francis Anania. Larry Kopelman. Donald Blackwell.
ORDER ON PLAINTIFF’S MOTION FORPARTIAL SUMMARY JUDGMENT
THIS CAUSE having come on to be heard on the Plaintiff’s Motion for Partial Summary Judgment as to Count I of the Amended Complaint, and the Court having reviewed all of the Memoranda filed by the parties, the Affidavits submitted in opposition to the motion and all other items of record, and having heard argument of counsel on October 23, 2000 and again on December 5, 2000, and being otherwise advised in the premises, it is hereupon
ORDERED and ADJUDGED that Plaintiff’s Motion for Partial Summary Judgment as to Count I for Declaratory Relief is hereby granted and this Court finds:
1. That the provisions of Section 627.736(10), Florida Statutes, provide the exclusive means by which an insurance company can pay preferred provider rates (PPO rates) on Florida personal injury protection automobile coverage.
2. That an insurance company cannot, by the artifice of erecting a buffer or middleman, such as Medview in this case, avoid the mandate of Section 627.736(10), Florida Statutes.
3. If any insurance company, such as the Defendant, PROGRESSIVE, in this case, does not comply with all of the requirements of Florida Statute 627.736(10), then full PIP benefits of 80% of reasonable and necessary medical expenses must be paid.
4. Any agreement or arrangement that the Defendant had with the Florida Department of Insurance which allowed the Defendant to pay PPO rates to or on behalf of an insured who did not elect to purchase a PPO PIP policy, goes directly against the Statutory Mandate and the argument that this Court give deference to what the Department of Insurance says or does in terms of interpretation of the Statute is unavailing here.
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