9 Fla. L. Weekly Supp. 130b
Insurance — Personal injury protection — Plaintiff is not entitled to recover PIP benefits for magnetic resonance imaging services allegedly provided to insured, where MRIs were administered by plaintiff’s independent contractor, and it is undisputed that plaintiff did not render treatment to insured
NU WAVE DIAGNOSTICS AND TESTING, INC., Plaintiff, vs. METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. County Court, 15th Judicial Circuit in and for Palm Beach County, Civil Division. Case No. SS 00 14422 RD. December 18, 2001. Susan Lubitz, Judge. Counsel: Charles J. Kane, Greenspan & Kane, Boca Raton. Jonathan G. Liss, Bernstein and Chackman, P.A., Hollywood.
FINAL JUDGMENT
THIS case came before the court for hearing on Defendant’s Motion For Summary Judgment with both counsel present. The court considered the record, which includes pleadings, affidavits and the deposition of Paul Lumbardo, Plaintiff’s president. The court makes the following findings of fact and conclusions of law:
1. On or about March 23, 2000, Stephen Mancino received injuries as a result of his involvement in a motor vehicle accident. At the time of the accident, Mancino (“Insured”) had an insurance policy with Defendant Metropolitan Property And Casualty Insurance Company (“Metropolitan”) that obligated Metropolitan to pay for medical care for injuries resulting from the motor vehicle accident (PIP Insurance).
2. As assignee of the Insured’s benefits under the policy, Nu Wave filed a Complaint for payment of medical services, alleging that it provided magnetic resonance imaging for Metropolitan’s insured on or about May 15, 2000 and June 10, 2000.
3. Section 627.736(5)(a), Fla. Stat., states that a provider entitled to receive payment for treating injuries covered by PIP Insurance is: “Any physician, hospital, clinic or other person or institution lawfully rendering treatment to an insured person for a bodily injury covered by personal injury protection insurance…”
4. The following facts are undisputed: Nu Wave seeks payment for two MRI’s, one conducted on May 15, 2000 and the other on June 10, 2000 (Court Record #1); Nu Wave scheduled the MRI procedures at Delray Diagnostic Imaging (Deposition of Paul Lumbardo, p. 30); Both of the MRI tests were administered by Delray Diagnostic Imaging (Deposition of Paul Lumbardo, p. 27); Nu Wave had four employees, none of whom were qualified to render medical treatment (Deposition of Paul Lumbardo, pp. 7-10, pp. 14-17); Delray Diagnostic Imaging entered into a contract dated February 1, 1999, which provided that Delray Diagnostic Imaging would provide diagnostic radiological procedures for Nu Wave as an independent contractor (Exhibit to Affidavit of Paul Lumbardo).
5. It is undisputed that Nu Wave did not render treatment to the Insured and was not qualified to render treatment to the Insured. Therefore, Nu Wave is not entitled to receive payment. Section 627.73(5)(a), Fla. Stat.; Federated National Insurance Co. v. Physicians Charter Services, 788 So.2d 403 (Fla. 3rd DCA 2001).
Based on the foregoing, it is
ORDERED AND ADJUDGED that
1. Defendant’s Motion For Summary Judgment is granted.
2. Plaintiff Nu Wave Diagnostics And Testing, Inc., take nothing by this action and Defendant Metropolitan Property And Casualty Insurance Company shall go hence without day.
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