9 Fla. L. Weekly Supp. 126a
Insurance — Personal injury protection — Coverage — Reasonable and necessary care — PIP carrier’s motion for summary judgment as to declaratory action count seeking declaration as to whether insurer that reduces bills loses its right to coverage defenses if it does not obtain a written report stating that medical treatment is not reasonable, related, or necessary within thirty days of submission of medical charges is granted pursuant to appellate decisions finding that insurer does not lose right to defenses
PAZ CHIROPRACTIC LIFE CENTER (Ariol Eugene), Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County, Civil Division. Case No. 01 16955 COCE 54. December 12, 2001. Zebedee W. Wright, Judge. Counsel: Laura Watson, for Plaintiff. Brenda Fam, Gregory J. Willis & Associates, Ft. Lauderdale, for Defendant.
ORDER GRANTING DEFENDANT’S MOTIONFOR SUMMARY JUDGMENTAS TO COUNT II DECLARATORY ACTION
THIS CAUSE having come on to be heard on Defendant’s Motion for Summary Judgment as to Count II Declaratory Action and the Court having heard argument of counsel, and being otherwise advised in the Premises, it is hereupon,
ORDERED AND ADJUDGED that said Motion is hereby granted pursuant to United Automobile v. Rodriguez, 26 Fla. Law Weekly S747 (Fla. 2001); Allstate v. Derius, 25 Fla. L. Weekly D 2730a (4th DCA 2000); AIU v. Daidone, 760 So.2d 110 (4th DCA 2000); Jones v. State Farm Mutual Automobile Insurance Company, 694 So.2d 165 (5th DCA 1997); Gurney v. State Farm Mutual Automobile Insurance Company, 26 Fla. L. Weekly 1658 (July 6, 2001) and Auto Owners v. Marzulli, 788 So.2d 1031 (2nd DCA 2001), that Summary Judgment is granted as to Count II of the Plaintiff’s Complaint.
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