9 Fla. L. Weekly Supp. 63a
Insurance — Personal injury protection — Preferred provider rates — Insurer is not entitled to reduce benefits paid to insured’s assignee to PPO rates without having sold a PPO-PIP policy to insured and/or without complying with section 627.736(10), Florida Statutes
FRANK P. LANZISERA, D.C. d/b/a THE CHIROPRACTIC CENTRE, P.A., as assignee of JAMES MARTIN, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 12th Judicial Circuit in and for Manatee County. Case No. 2001 SC 1636. October 12, 2001. Frederick A. De Furia, Senior Judge. Counsel: A. Casey Fundaro, Naples, for Plaintiff. Joseph F. Diaco, Tampa.
ORDER
THIS CAUSE having come to be heard before this Court on August 16, 2001 and on October 4, 2001, upon Plaintiff’s Motion for Summary Judgment, and the Court having heard argument from counsel, reviewed Memorandum of Law, finds that no genuine issue of any material fact exists and as a matter of law a Summary Judgment is granted, declaring that the Defendant has violated F.S. 627.736(1)(a), F.S. 627.736(10) and the express terms of the non-PPO PIP policy. It is therefore
ORDERED AND ADJUDGED that the Plaintiff’s Motion for Summary Judgment is hereby GRANTED.
* * *
