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

[DO NOT PUBLISH]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.
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