23 Fla. L. Weekly Supp. 5a
Online Reference: FLWSUPP 2301HENDInsurance — Personal injury protection — Coverage — Medical expenses — PIP policy provided sufficient notice of election to limit reimbursement to permissive statutory fee schedule
ALLSTATE INSURANCE COMPANY, Appellant, v. FLORIDA HOSPITAL MEDICAL CENTER, a/a/o assignee of Eula Henderson, Appellee. Circuit Court, 9th Judicial Circuit (Appellate) in and for Orange County. Case No. 2014-CV-000027-A-O. L.C. Case No. 2012-SC-012741-O. April 9, 2015. Appeal from the County Court, for Orange County, Andrew L. Cameron, County Judge. Counsel: Anthony J. Parrino, Reynolds, Parrino, Spano & Shadwick, P.A., St. Petersburg; and Peter J. Valeta, Meckler Bulger Tilson Marick & Pearson LLP, Chicago, IL, for Appellant. Dean A. Mitchell, Ocala; and Thomas Andrew Player, Nation Law Firm, Longwood, for Appellee.
[Editor’s note: Note opinions by the District Courts of Appeal: 40 Fla. L. Weekly D693b; 40 Fla. L. Weekly D1918a.]
[Lower court order published at 21 Fla. L. Weekly Supp. 686a.]
(Before DOHERTY, SCHREIBER, and LATIMORE, J.J.)
(PER CURIAM.)FINAL ORDER REVERSING TRIAL COURT
Appellant, Allstate Insurance Company (“Allstate”) timely appeals the trial court’s “Order Denying Defendant’s Motion for Summary Judgment and Granting Plaintiff’s Motion for Summary Judgment and Entering Final Judgement [sic] for Plaintiff” (“Final Judgment”) entered March 19, 2014 in favor of Appellee, Florida Hospital Medical Center (“Florida Hospital”) as assignee of the insured, Eula Henderson (“Henderson”). This Court has jurisdiction pursuant to section 26.012(1), Florida Statutes, and Florida Rule of Appellate Procedure 9.030(c)(1)(A). We dispense with oral argument. Fla. R. App. P. 9.320.
The very recent decision in Allstate Fire and Casualty Ins. v. Stand-Up MRI of Tallahassee, P.A., 40 Fla. L. Weekly D693b (Fla. 1st DCA March 18, 2015) is controlling as the First District Court of Appeal reviewed Allstate’s policy language (the same policy language that is the subject of the instant appeal) and found that the policy language provided sufficient notice of the election to apply the fee schedule.1 This Court also notes that the trial court in the instant case did not have the benefit of the First District’s opinion which was issued after the trial court entered the Order Denying Defendant’s Motion for Summary Judgment and Entering Final Judgment for Plaintiff. Accordingly, as a matter of law, summary judgment in favor of Allstate is warranted in this case and the trial court’s Final Judgment in favor of Florida Hospital must be reversed.
Based on the foregoing, it is hereby ORDERED AND ADJUDGED:
1. The trial court’s “Order Denying Defendant’s Motion for Summary Judgment and Granting Plaintiff’s Motion for Summary Judgment and Entering Final Judgement [sic] for Plaintiff” entered March 19, 2014 is REVERSED and REMANDED for further proceedings consistent with this opinion.
2. Allstate’s Motion for Attorney’s Fees filed October 24, 2014 is GRANTED contingent upon the trial court determining that Allstate is entitled to attorney’s fees pursuant to the Proposal for Settlement and the assessment of those fees is REMANDED to the trial court. Also, Allstate is entitled to have costs taxed in its favor by filing a proper motion with the trial court pursuant to 9.400(a), Fla. R. App. P.
3. Florida Hospital’s Motion for Appellate Attorney’s Fees filed October 21, 2014 is DENIED. (SCHREIBER and LATIMORE, J.J., concur.)
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1In South Florida Wellness, Inc. v. Allstate Insurance Co., Case No. 13-61759-CIV-DIMITROULEAS (United States District Court, Southern District of Florida — February 13, 2015), Judge Dimitrouleas also found that Allstate’s policy language provided sufficient notice as to the election to limit reimbursement to the fee schedules in section 627.736, Florida Statutes.
