12 Fla. L. Weekly Supp. 724b
Insurance — Personal injury protection — Patient brokering — Fee-splitting — Error to enter summary judgment in favor of plaintiff where there are genuine issues of material fact as to whether plaintiff was broker ineligible for reimbursement and whether fee arrangement between plaintiff and physician violated prohibitions against patient brokering and fee-splitting
PROGRESSIVE EXPRESS INSURANCE CO., Appellant, v. RADIOLOGY B & SERVICES, INC., Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 03-19471(12). L.T. Case No. 02-14779 COCE (54). September 28, 2004. Counsel: Douglas Stein. Steven Lander. Chad Christensen.
ORDER
(DORIAN DAMOORGIAN, J.) THIS CAUSE is before the Court on direct appeal from an Order granting summary judgment in favor of Appellee from Broward County Court. This Court, having reviewed the record finds that the decision of the lower court granting summary judgment should be reversed as there are genuine issues of material fact as to whether Appellee was eligible for reimbursement pursuant to §627.736(5)(b)(1), Fla. Stat. (2001). Genuine issues of fact also exist as to whether the fee arrangement between Appellee and Dr. Rivera violated §817.505 and 458.331(i), Fla. Stat. (2000). Accordingly, it is hereby
ORDERED AND ADJUDGED that the Order Granting Summary Judgment in favor of Appellee is REVERSED and REMANDED for proceedings consistent with this opinion.
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