9 Fla. L. Weekly Supp. 63g
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
ORTHO ASSOCIATES, P.A., d/b/a PARK PLACE THERAPEUTIC CENTER, and PARK PLACE ORTHOPAEDICS & REHABILITATION, a Florida Professional Association, (Helmut Herrmann, Patient), Plaintiff, vs. NATIONWIDE PROPERTY & CASUALTY INSURANCE, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 01-008682 COCE 55. October 16, 2001. Jerry Pollock, Judge.
AMENDED ORDER
THIS CAUSE having come on to be heard on Plaintiff, ORTHO ASSOCIATES, P.A., d/b/a PARK PLACE THERAPEUTIC CENTER and PARK PLACE ORTHOPAEDICS & REHABILITATION, a Florida Professional Association’s (Helmut Herrmann, Patient), Motion for Summary Disposition pursuant to Florida Rule of Civil Procedure 7.135 and the Court having heard argument of counsel and being otherwise fully advised in the Premises,
1. This Court rules in favor of the Plaintiff and further finds that the Defendant, NATIONWIDE PROPERTY AND CASUALTY INSURANCE is not entitled to take Preferred Provider Organization (“PPO”) reductions in the payment of automobile Personal Injury Protection (“PIP”) benefits without selling a PPO-PIP policy of insurance and/or without complying with the requirements of Florida Statutes 627.736(10).
2. This Court reserves jurisdiction to rule on Defendant’s Affirmative Defense of exhaustion of benefits and for the entry of a Final Judgment for damages, together with pre-judgment and post-judgment interest thereon, costs and reasonable attorney’s fees pursuant to Florida Statute 627.428.
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