Michael Walsh, of the Ft. Lauderdale office, successfully argued a Motion for Summary Judgment in an action that arose out of the Insured’s automobile insurance policy for a Personal Injury Protection (PIP) claim. The medical provider Plaintiff was not a party to the contract, but rather, the provider asserted standing to sue pursuant to an assignment of benefits agreement from the Insured’s carrier. The Plaintiff submitted bills to the carrier for medical services allegedly rendered and the carrier reimbursed the Plaintiff pursuant to the schedule of maximum charges in Florida Statute § 627.736 (5)(a)(1).

The Plaintiff alleged that the carrier’s policy was ambiguous and failed to meet the notice requirement of the PIP statute, allowing them to pay medicals bills pursuant to the schedule of maximum charges. At the hearing, Mike successfully convinced the Court that the Policy terms and conditions clearly and unambiguously elected to utilize the schedule of maximum charges under Florida Statute § 627.736 (5)(a)(1). This was an issue of first impression with the Judge who entered the Order granting the Defendant’s Motion for Summary Judgment. Mike has now successfully argued this Motion for Summary Judgment in front of two different Judges in Broward County, Florida.