10 Fla. L. Weekly Supp. 15c
Insurance — Personal injury protection — Summary judgment holding that insurer was barred from contesting claim by failure to present reasonable proof within thirty days after receipt of notice of bill is reversed based on contrary dispositive appellate opinion
UNITED AUTOMOBILE INSURANCE COMPANY, a Florida corporation, Appellant, vs. KAREN LEON, Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 99-098 AP. L.C. Case No. 98-278 CC 25. November 12, 2002. On Appeal from the County Court for Miami-Dade County. Counsel: Steven R. Stark and June G. Hoffman, for Appellant. Marlene S. Reiss, for Appellee.
(Before ALAN POSTMAN, LESLIE B. ROTHENBERG, and MANUEL A. CRESPO, JJ.)
CONFESSION OF ERROR
(PER CURIAM.) Appellee has filed a Confession of Error based on the Florida Supreme Court’s decision in United Automobile Ins. Co. v. Rodriguez, 808 So. 2d 82 (Fla. 2001). At the time that the lower court had granted Appellee’s motion for summary judgment, the trial court did not have the benefit of that opinion. The above-referenced opinion is dispositive of the issue in this matter, holding that an insurer’s failure to present “reasonable proof”, within thirty days after receiving written notice of the bill, that the insured’s medical bills were not reasonable, related, or necessary does not forever bar the insurer from contesting the claim in question.
Appellee concedes that her claim cannot be distinguished from Rodriguez, supra, and therefore agrees with Appellant’s request that this court reverse the lower tribunal’s grant of summary judgment in Appellee’s favor.
This cause is remanded for the trial court to take the appropriate action as required by this opinion.
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