25 Fla. L. Weekly D2430aNOT FINAL VERSION OF OPINION
Subsequent Changes at 26 Fla. L. Weekly D236b
Insurance — Personal injury protection — Arbitration — Statute which requires that medical care providers to whom claims have been assigned submit claims to arbitration is unconstitutional — Trial court improperly granted insurer’s motions to stay medical provider’s action to recover PIP benefits and compel arbitration
MAGNETIC IMAGING SYSTEMS I, LTD., Petitioner, v. AUTO-OWNERS INSURANCE CO., Respondent. 3rd District. Case Nos. 3D00-1581, 3D00-2318. L.T. Case No. 95-18684. Opinion filed October 11, 2000. Writs of Certiorari to the Circuit Court for Dade County, Philip Bloom, Judge. Counsel: Sheftall & Torres and Brian M. Torres; Zebersky Payne & Kushner, for petitioners. Rywant Alvarez Jones & Russo; Hicks, Anderson & Kneale, Ralph Anderson and Gary A. Magnarini; Weinstein, Bavly & Moon and Albert Moon, for respondents.
(Before JORGENSON, COPE, and RAMIREZ, JJ.)
(PER CURIAM.) The petitioners in this consolidated appeal are medical providers who sued automobile insurers to recover personal injury protection (PIP) benefits on behalf of PIP claimants. The respective trial courts granted the respondents’ motions to stay and compel arbitration pursuant to section 627.736(5), Florida Statutes, and denied the petitioners’ subsequent motions for reconsideration. The petitioners seek certiorari review of those orders.
We grant certiorari and quash the orders below on the authority of Nationwide Mut. Fire Ins. Co. v. Pinnacle Medical Ins., 753 So.2d 55, 59 (Fla. 2000) (holding the mandatory arbitration provision in section 627.736(5) unconstitutional as it denies medical providers access to courts).
Certiorari granted; orders quashed; remanded for further proceedings consistent with this opinion.
