Paul Gabe achieved a summary judgment win in a case where the insurer incorrectly applied the deductible pursuant to the Florida Supreme Court decision in Progressive Select Insurance Company v. Florida Hospital Medical Center. Despite the Courts holding in Progressive Select, Paul successfully argued that Plaintiff improperly plead/waived the deductible argument and that it should be excluded/stricken. The Court agreed and Final Judgment was entered in favor of State Farm.
Don’t give up on all deductible application cases in PIP/No-Fault cases!