Summary
In Physicians Charter, the Third District reversed summary judgments against the PIP insurer, holding that because Physicians Charter did not provide medical services, it could not collect PIP policy benefits.
Summary of this case from Gables Ins. v. Seminole Cas. Ins. Co.Opinion
Case Nos. 3D00-2094, 3D00-2093, 3D00-2092
Opinion filed July 5, 2001.
An Appeal from the Circuit Court for Miami-Dade County, David H. Young, Judge.
Conroy, Simberg, Ganon, Krevans Abel, and Hinda Klein (Hollywood), for appellant.
Frank E. Amsalem, for appellee.
Before SCHWARTZ, C.J., and GERSTEN, and GODERICH, JJ.
We reverse the three separate summary judgments rendered in declaratory judgment actions brought by appellee, Physicians Charter Services, Inc. ("PCS"), against appellant, Federated National Insurance Company ("Federated").
PCS is not entitled to recover Personal Injury Protection (PIP) benefits for magnetic resonance imaging services allegedly provided to Federated's insureds, because PCS does not perform necessary medical services and is not a "physician, hospital, clinic, or other person or institution lawfully rendering treatment to an injured person for a bodily injury covered by PIP insurance." § 627.736, Fla. Stat. (2000). There is no provision in Florida's personal injury protection statutes for the payment of policy benefits to a third party who has not performed medical services. Thus the trial court erred in finding Federated liable for payment of PIP benefits to PCS, and in granting the final summary judgments in favor of PCS. Accordingly, the orders below are reversed.
Reversed.