ROIG Attorney Wins Summary Judgment
In South Florida Medical Center v. State Farm, Veresa argued that charges for medical services to an injured automobile accident victim should be applied to a $1,000 deductible. In similar prior lawsuits, the judge had ruled that State Farm misapplied the deductible because it used the costs in the fee schedule for the deductible, not the actual billed price.
This case was different, however, because the plaintiff’s bills were received first and were less than the deductible. The plaintiff, however, threw another kink in the case: The plaintiff further argued that by applying the deductible, State Farm had waived its right to fight RRN (that the services received were reasonable, related to the accident and medically necessary).
Putting in some extra legwork, Veresa obtained transcripts of oral arguments in the Florida Supreme Court case United Automobile v. Rodriguez to support her argument that State Farm had not waived its right to fight RRN. She also obtained deposition transcripts from Third DCA case Coral Gables Chiropractic v. United Automobile, the case the plaintiff was using to say State Farm had waived its RRN rights.
The hard work paid off. Buried deep in the adjuster’s deposition was the fact that United had stipulated to
In the end, the judge denied the plaintiff’s