8 Fla. L. Weekly Supp. 144a
Insurance — Personal injury protection — Insurer not responsible for paying for medical services rendered prior to date on which insured failed to attend her independent medical examination where bills for payment for such services were not submitted until after the date insured failed to attend IME
TRACY ARCHAMBEAULT, Appellant, vs. ALLSTATE INSURANCE COMPANY, Appellee. Circuit Court, 9th Judicial Circuit (Appellate) in and for Osceola County. Case No. AP99-0006. Lower Ct. Case No. CC98-OT-0991. October 11, 2000. Appeal from the Osceola County Court, John B. Morgan, County Judge. Counsel: W. Todd Long, for Appellant. Richard A. Simon, for Appellee.
(Before ROCHE, JOHNSON, and MCDONALD, JJ.)
FINAL ORDER AND OPINION AFFIRMING TRIAL COURT
Appellant, Tracy Archambeault, appeals from the Order Awarding Attorney Fees and Costs entered by the county court. Said order, in part, entered Partial Final Summary Judgment in favor of Appellee, Allstate Insurance Company. We have jurisdiction over this matter pursuant to Florida Rule of Appellate Procedure 9.030(c)(1)(A). We affirm.
Appellant was injured in an automobile accident on March 5, 1997. At the time of the accident, Appellant was covered by personal injury protection coverage provided by Appellee. On June 27, 1997, Appellee ceased paying personal injury protection benefits based upon Appellant’s failure to attend an independent medical examination (“IME”).
Appellant thereafter filed suit against Appellee seeking payment for treatment rendered prior to the discontinuation of benefits. Appellee subsequently filed a motion for summary judgment. The trial court entered Partial Summary Judgment in favor of Appellee and later held a hearing on Appellant’s motion for attorney’s fees and costs. Thereafter, the trial court entered an Order Awarding Attorney’s Fees and Costs, which incorporated the previously entered Partial Summary Judgment and made it a Final Partial Summary Judgement. Appellant now appeals.
On appeal, Appellant argues that the trial court erred in granting Appellee’s Motion for Summary Judgment in its entirety because Appellant’s failure to attend her scheduled IME only discharged Appellee from paying any further personal injury protection benefits for subsequent treatment. Specifically, Appellant contends that Appellee was required to pay for all medical services rendered prior to the date on which she failed to attend her IME regardless of when the bills for such services were submitted for payment, and that the trial court should have followed the Fifth District Court of Appeal’s decision in Jones v. State Farm Mut. Auto. Ins. Co., 694 So. 2d 165 (Fla. 5th DCA 1997), instead of relying on the Third District Court of Appeal’s decision in U.S. Security Ins. Co. v. Silva, 693 So. 2d 593 (Fla. 3d DCA 1997). In response, Appellee asserts that Appellant is not entitled to payment for medical services that were rendered prior to the date on which she failed to attend her IME where bills for payment for such services were not submitted until after the date she failed to attend the IME, and that the trial court properly relied on Silva.
We agree with the trial court that Silva is binding authority on this matter, and that Appellee was not responsible for paying for medical services rendered prior to the date on which Appellant failed to attend her IME where bills for payment for such services were not submitted until after the date Appellant failed to attend the IME.
Based upon the foregoing, it is hereby ORDERED and ADJUDGED that the Order Awarding Attorney Fees and Costs is AFFIRMED.
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