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Court Bars Medical Provider’s Lawsuit as a Matter of Law

In this case for personal protection insurance (PIP) benefits by an underlying claimant’s medical provider against Progressive, Nicholas E. Girimont’s summary disposition was granted in Progressive’s favor when the court ruled as a matter of law that the underlying claimant’s previously executed release of claims barred the medical provider’s lawsuit against Progressive. The ruling was centered on Progressive’s argument that it resolved all claims with the underlying claimant prior to the date it received the medical provider’s bills and assignment. Following oral arguments which addressed the dates relating to the underlying claimant’s resolution of all claims with Progressive and its notice of the medical provider’s assignment and bills, the Court agreed with Progressive’s argument that the underlying claimant’s executed release evidenced a full and final settlement of all PIP claims and that Progressive resolved the underlying claimant’s PIP claim prior to receipt of the medical provider’s assignment and bills in good faith and issued payment “to or for the benefit of a person who it believes is entitled to the benefits.”

The Court’s ruling resulted in a dismissal of the foregoing lawsuit in its entirety with prejudice.

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