19 Fla. L. Weekly Supp. 166e
Online Reference: FLWSUPP 1903PALMInsurance — Personal injury protection — Coverage — Confession of error regarding use of Medicare fee schedule in 2008 PIP statute where policy specifies that insurer will pay 80% of necessary expenses
PALMS WEST OPEN MRI BELLE GLADE, a/a/o ERIC MARSHALL, Appellant, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellee. Circuit Court, 15th Judicial Circuit (Appellate) in and for Palm Beach County, Civil Division. Case No. 502011AP000031XXXXMB, Division “AY.” L.T. Case No. 502010SC008267XXXXMB. November 14, 2011. Appeal from the County Court in and for Palm Beach County. Nancy Perez, Judge. Counsel: Marlene S. Reiss & Arlene S. Reiss, P.A., Miami, for Appellant. Betsy E. Gallagher, Kubicki Draper, Tampa, for Appellee.
(PER CURIAM.) The attorney for the appellee has filed a confession of error based on the recent case of Kingsway Amigo Insurance Company v. Ocean Health, Inc., 63 So. 3d 63 (Fla. 4th DCA 2011) [36 Fla. L. Weekly D1062a]. We agree. Based on Kingsway, the judgment appealed from is hereby reversed and the cause remanded for further proceedings. Appellant’s Motion for Appellate Attorney’s Fees is GRANTED, continent upon Appellant being the prevailing party in the underlying litigation. If Appellant prevails, then the trial court shall award a reasonable amount of appellate attorney’s fees. (SASSER, BARKDULL, FRENCH, JJ., concur.)
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