Partner Keith Hernandez Wins Declaratory Judgment Against Provider Attempting to Collect Benefits Above PIP Policy Limits
Sea Spine Orthopedic Institute (Charriez, Carmen) vs. Liberty Mutual Insurance Company
Keith Hernandez, a partner in the Deerfield Beach office of ROIG Lawyers, succeeded in getting a Motion for Declaratory Judgment granted in favor of Liberty Mutual. Hernandez successfully argued that Liberty Mutual’s policy provides $2,500 in personal injury protection medical benefits, which is included into the total of $10,000 in Personal Injury Protection medical benefits when it has been determined that the injured person has sustained an emergency medical condition.
Hernandez successfully argued that since the policy issued by Liberty Mutual is required to comply with the requirements of Florida Statute 627.736, then the only reasonable interpretation is that the coverage afforded for Personal Injury Protection medical and disability benefits is $10,000.00 when it has been determined that the injured person has sustained an emergency medical condition, consistent with the No-Fault Statute.
The Court agreed with Hernandez and found the policy to be legally sufficient and not ambiguous, denying Petitioner’s Motion for Summary Judgment Regarding Petitioner’s Petition for Declaratory Relief and granting Respondent’s