MRI Scan Center, Inc. v. Allstate Insurance Co.

• Court: Court of Appeals for the Eleventh Circuit
• Decided: April 14, 2008
• Docket: 07-13819
• Status: Unpublished

Opinion

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT April 14, 2008 No. 07-13819 THOMAS K. KAHN ________________________ CLERK

D. C. Docket No. 07-60771-CIV-JIC

MRI SCAN CENTER, INC., on behalf of itself and all others similarly situated,

Plaintiff-Appellant,

versus

ALLSTATE INSURANCE COMPANY,

Defendant-Appellee.

________________________

Appeal from the United States District Court for the Southern District of Florida _________________________

(April 14, 2008)

Before WILSON, COX and BOWMAN,* Circuit Judges.

PER CURIAM:

* Honorable Pasco Bowman, II, United States Circuit Judge for the Eighth Circuit, sitting by designation. MRI Scan Center, Inc., appeals from the District Court’s dismissal of its

case for failure to state a claim. In its complaint, MRI Scan Center brought two

claims against Allstate Insurance Company. First, MRI Scan Center alleged that

Allstate breached its Auto Med Pay insurance policies by paying claims for MRI

services at the statutorily capped amounts set by Florida Statute

§ 627.736(5)(b)(5). Second, MRI Scan Center sought a declaratory judgment that

Allstate illegally adjusted claims in violation of Florida Statute § 627.6044(1),

which requires insurance policies to specify the "formula or criteria" used by the

insurer to determine the amount to pay on claims. After finding no facts in dispute,

the District Court determined that the law does not entitle MRI Scan Center to

relief.

We have now considered the briefs and the relevant law, and we agree with

the District Court. For the reasons set out in the District Court’s thoughtful

opinion, we affirm the dismissal of MRI Scan Center’s suit.

AFFIRMED.