9 Fla. L. Weekly Supp. 131b
Insurance — Personal injury protection — Standing — Plaintiff which did not perform necessary medical services and is not a “physician, hospital, clinic, or other person or institution lawfully rendering treatment to an injured person for a bodily injury covered by PIP insurance” is not entitled to payment for MRI services from insurer or insured
ADVANTAGE MEDICAL DIAGNOSTIC, INC., on Behalf of ELENA BETANCOURT, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 2000-15364-SC. December 10, 2001. Eric R. Myers, Judge. Counsel: Frank T. Allen. David B. Kampf, Ramey, Ramey & Kampf, P.A., Tampa.
ORDER
THIS CAUSE came before the Court on November 27, 2001, on Defendant, STATE FARM FIRE AND CASUALTY INSURANCE COMPANY’s Motion for Summary Judgment, and having reviewed the file and being otherwise advised in the premises, it is:
ORDERED and ADJUDGED as follows:
1. This Court finds Plaintiff, ADVANTAGE MEDICAL DIAGNOSTIC, INC., as Assignee of ELENA BETANCOURT, is not the proper party to suit as Plaintiff did not perform necessary medical services and is not a “physician, hospital, clinic or other person or institution lawfully rendering treatment to an injured person for a bodily injury covered by PIP insurance.” Federated National Insurance Company v. Physicians Charter Services, 26 Fla. L. Weekly D1637b (Fla. 3rd DCA, July 5, 2001); Medical Management Group of Orlando, Inc. v. State Farm Mut. Auto. Ins. Co., Case No. 00-6161 (Florida 9th Judicial Cir. March 12, 2001); Strubbe Chiropractic Clinic, P.A., d/b/a as Advanced Medical Diagnostics (on assignment from Knoe Pham) v. State Farm Mut. Auto. Ins. Co., Case No. 00-3738-CO-40, (Fla. 6th Jud. Cir. August 3, 2001); and Physician Preferred Services, Inc., (on assignment from Andrew Sydlar) v. State Farm Mut. Auto. Ins. Co., Case No. 00-4108-CO-39 (Fla. 6th Jud. Cir. August 28, 2001).
2. This Court finds that State Farm properly withheld payment of the MRI services of July 19, 1999, and that ADVANTAGE MEDICAL DIAGNOSTIC is not entitled to payment for the MRI services at issue from State Farm nor the patient, Elena Betancourt.
3. Based on the above findings, State Farm’s Motion for Summary Judgment is hereby GRANTED.
4. This Court reserves jurisdiction to address attorney’s fees and costs.
* * *
