23 Fla. L. Weekly Supp. 523c
Online Reference: FLWSUPP 2306CRUZInsurance — Personal injury protection — Coverage — Medical expenses — Exhaustion of policy limits — Post-suit exhaustion of benefits extinguished medical provider’s right to further payments
PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellant, v. EDGEWOOD CHIROPRACTIC CENTER, A/A/O ALEX CRUZ, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. CACE13-022765 (AP). L.T. Case No. COCE11-14858. August 10, 2015. Appeal from the County Court for the Seventeenth Judicial Circuit, Broward County, Robert W. Lee, Judge. Counsel: Douglas H. Stein, Seipp, Flick & Hosley, LLP, Coral Gables, for Appellant. Marlene S. Reiss, Law Offices of Marlene S. Reiss, P.A., Miami, for Appellee.
OPINIONUPON CONFESSION OF ERROR
(PER CURIAM.) Progressive American Insurance Company (“Appellant”) appeals a final judgment in favor of Edgewood Chiropractic Center (“Appellee”). Appellant argues that its post-suit exhaustion of benefits extinguished Appellee’s right to further payments. Appellee has filed a Confession of Error based upon Northwoods Sports Medicine and Physical Rehabilitation, Inc. v. State Farm Mutual Automobile Insurance Company, 137 So. 3d 1049 (Fla. 4th DCA 2014) [39 Fla. L. Weekly D491a]. Appellee’s Confession of Error is accepted. See Id. Accordingly, the final judgment in favor of Edgewood Chiropractic is hereby REVERSED, this case is REMANDED for entry of final Judgment in favor of Progressive American Insurance Company, and the Motions for Appellate Attorney’s Fees are hereby DENIED pursuant to the stipulation of the parties that each shall bear its own fees and costs. (ENGLANDER-HENNING, TUTER and MURPHY, JJ., concur.)
