18 Fla. L. Weekly Supp. 901b
Online Reference: FLWSUPP 1809WALK
Insurance — Personal injury protection — Declaratory judgment — Coverage — Exhaustion of PIP policy limits renders action for declaratory relief regarding appropriateness of insurer’s reduction of claim moot
TAMPA BAY IMAGING LLC As assignee of Rebecca Walker, Plaintiff(s), vs. MERCURY INSURANCE COMPANY OF FLORIDA, Defendant(s). County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 09-CC-031544, Division I. May 13, 2011. Herbert M. Berkowitz, Judge. Counsel: Philip A. Friedman, FL Legal Group, Tampa, for Plaintiff. Matthew Brumley, Dutton Law Group, P.A., Tampa, for Defendant.
FINAL SUMMARY JUDGMENT FOR THE DEFENDANT
A number of motions were scheduled to be heard on April 8, 2011 including the Defendant’s Motion for Summary Judgment. The parties were present by and through their respective counsel, and the Court, having reviewed the entire court file together with submissions of both parties, and after having the benefit of extensive argument of counsel, the Court finds as follows:
1. That this is a cause of action seeking declaratory relief regarding the interpretation of a contract of motor vehicle insurance and the application of its provisions relative to the Personal Injury Protection portions of the Florida No Fault Statutes (Fla. Stat.§§ 627.730-627.7405, et. seq.), and which specifically seeks no monetary damages.
2. That the genesis of this action was a motor vehicle collision that occurred on May 12, 2009, in which Rebecca Walker was allegedly injured.
3. That on June 3, 2009, Tampa Bay Imaging LLC provided medical assistance to Ms. Walker in the form of a lumbar MRI, for which it billed Mercury Insurance Company of Florida, Ms. Walker’s automobile insurance carrier.
4. The Insured, Rebecca Walker, irrevocably assigned all of her rights for Personal Injury Protection coverage to Tampa Bay Imaging LLC on June 3, 2009.
5. That Tampa Bay Imaging LLC billed Defendant $1,850.00 for the above described lumbar MRI.
6. That Defendant paid Tampa Bay Imaging LLC $666.72, which it claimed represented eighty percent (80%) of an amount it deemed allowable for such services.
7. That as a result of submissions of other health care providers for payment of services rendered to Ms. Walker as a result of injuries alleged to have resulted from the subject motor vehicle collision, all available Personal Injury Protection benefits were exhausted by September 3, 2009. No Medical Payments coverage was available under this contract of insurance.
8. That Plaintiff’s instant cause of action was filed on October 23, 2009.
It is ORDERED and ADJUDGED therefore, that Defendant’s Motion for Summary Judgment be and the same is hereby GRANTED. Fla. Stat. §86.011 provides that this Court has jurisdiction to declare rights, status, and other equitable or legal relations whether or not further relief is or could be claimed. However, having jurisdiction to declare such rights does not mean that such rights must be declared when a justiciable controversy no longer exists. In this case the existence of insurance coverage is not at issue. The Defendant made a payment to the Plaintiff pursuant to the contract of insurance, notwithstanding the appropriateness of the manner in which the specific amount was determined. Further, all benefits under the contract were exhausted after payment of other claims before the present suit was ever filed. How the Defendant determined the amount of reimbursement to the Plaintiff, now that benefits have been exhausted, is a question of academic interest only. To interpret and apply declaratory relief in this case would constitute an impermissible advisory opinion. The exhaustion of benefits prior to the initiation of this action renders moot the Plaintiff’s suit for declaratory relief.
The granting of Defendant’s Motion for Summary Judgment also renders moot all of the other outstanding motions now pending in the instant case. The Court reserves jurisdiction on matters relating to attorneys fees and costs.
