23 Fla. L. Weekly Supp. 913b
Online Reference: FLWSUPP 2309BUNDInsurance — Personal injury protection — Coverage — Emergency services — Deductible — Although insurer is mandated by statute to reserve $5,000 for emergency service providers, insurer correctly applied claim by provider within that classification to deductible
FIRST ACCEPTANCE INSURANCE COMPANY, Appellant, vs. EMERGENCY MEDICINE PROFESSIONALS, P.A. a/a/o KAYLA BUNDY, Appellee. Circuit Court, 18th Judicial Circuit (Appellate) in and for Seminole County. Case No. 14-73-AP. L.T. Case No. 2012-SC-2306. February 29, 2016. Appeal from the County Court for Seminole County. Honorable Jerri L. Collins, County Court Judge. Counsel: Louis Schulman and James S. Gentry, Dutton Law Group, P.A., Tampa, for Appellant. Dean A. Mitchell, Ocala; and David B. Alexander, for Appellee.
[County court order published at 22 Fla. L. Weekly Supp. 479a]
(RUDISILL, Judge.) THIS CAUSE comes before the Court on appeal from an Order Granting Plaintiff’s, Emergency Medicine Professionals’ (Emergency Medicine’s), Motion for Final Summary Judgment rendered in the lower tribunal. This Court dispenses with oral argument pursuant to Fla. R. App. P. 9.320.
BACKGROUND
The policyholder, in this case, was involved in a motor vehicle accident and was treated by Emergency Medicine at the hospital. The first bill received by the insurer, First Acceptance Insurance Company (FAIC) was for $554 from Emergency Medicine. Since the insurance policy included a $1000 deductible, FAIC first applied the deductible to Emergency Medicine’s bill, ultimately paying out nothing to Emergency Medicine. Emergency Medicine filed suit arguing that FAIC improperly applied the deductible to its bill, as Emergency Medicine is a priority provider under § 627.736(4)(c), Fla. Stat. and such providers’ bills are exempt from the deductible. Emergency Medicine subsequently filed a Motion for Summary Judgment, which the trial court granted. FAIC now appeals.
ANALYSIS
A trial court’s ruling on a motion for summary judgment is reviewed de novo. Volusia Cnty. v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126, 130 (Fla. 2000) [25 Fla. L. Weekly S390a].
Although FAIC raises several issues on appeal, this Court addresses only the issue of the proper application of the deductible as resolution of that issue disposes of the remaining arguments.
The Fifth District Court of Appeals clearly settled the law in regards to the proper application of a deductible to a priority provider’s bills under § 627.736 and § 627.739, Fla. Stat. In Mercury Ins. Co. of Florida v. Emergency Physicians of Cent., 2015 WL 6022040, 40 Fla. L. Weekly D2364a (Fla. 5th DCA 2015), the court held:
In sum, reading the two statutory provisions together leads to the inescapable conclusion that the [ ] deductible was correctly applied to [the provider’s] bill. The plain language of the two sections is not in conflict and provides that, where an emergency service provider submits its claims within the 30-day reserve period provided in section 627.736(4)(c), those claims will be prioritized for payment; however, any such payment will be subject to any deductibles that exist in the insurance contract between the insured and the insurer.
Id. at *7.
Based on this decision, Emergency Medicine’s status as an emergency services provider and the submission of its claim within the thirty (30) day reserve period is immaterial. FAIC was correct in applying the deductible to Emergency Medicine’s bill, and summary judgment for Emergency Medicine is therefore reversed.
The award of attorneys’ fees and costs to Appellee, Emergency Medicine, is similarly reversed. Appellant, FAIC’s, Motion to Tax Appellate Fees and Costs is remanded for hearing as to both entitlement and amount of award, if any. Appellee, Emergency Medicine’s, Motion to Tax Appellate Attorney’s Fees is denied.
REVERSED and REMANDED.
