THE PERSONAL INJURY CLINIC, INC., A/A/O TATIANA RODRIGUEZ
v.
ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY
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The court affirmed summary judgment that the insurance policy provided legally sufficient notice of the insurer's election to use permissive fee schedules, but reversed and remanded because the record lacked evidence that Allstate paid the proper amount due under those schedules.
An insurer's policy may provide legally sufficient notice of its election to use permissive fee schedules under Florida Statutes section 627.736(5)(a)2, but summary judgment cannot be entered without evidence showing the insurer paid the proper amount due under those schedules.
[1] A summary judgment movant in an insurance benefits dispute must present affidavit or other admissible evidence demonstrating that the insurer paid the proper amount due u…
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Join FLexlaw to unlock all legal intelligenceThe Personal Injury Clinic provided medical services to an insured and sought payment from Allstate Fire & Casualty Insurance Company under a personal…
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PER CURIAM.
In this appeal, the medical provider, The Personal Injury Clinic, Inc., challenges final summary judgment entered in favor of the insurer, Allstate Fire & Casualty Insurance Company, on a claim that Allstate breached the applicable personal injury protection policy by failing to pay benefits due for medical services provided to the insured. We discern no error and affirm the entry of summary judgment to the extent the trial court found that the policy at issue provides legally sufficient notice of the insurer’s election to use the permissive fee schedules identified in section 627.736(5)(a)2., Florida Statutes (2012). See Allstate Ins. Co. v. Orthopedic Specialists, 212 So. 3d 973, 979 (Fla. 2017). We are constrained to otherwise reverse, however, because the record is devoid of an affidavit or other summary judgment evidence showing that Allstate paid the proper amount due under the fee schedules. See Gonzalez v. Citizens Prop. Ins. Corp., 273 So. 3d 1031, 1036 (Fla. 3d DCA 2019) (quoting Harvey Bldg., Inc. v. Haley,175 So. 2d 780, 783 (Fla. 1965)) (explaining that summary judgment movant “must offer sufficient admissible evidence to support his claim of the non-existence of a genuine issue. If he fails to do this his motion is lost”). As such, we affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.
Affirmed, in part, reversed, in part, and remanded.
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Citator
Authorities Cited
- Yosvani Gonzalez and Yenisleidy Perez v. Citizens Prop. Ins. Corp., 273 So. 3d 1031 (Fla. 3d DCA 2019)