25 Fla. L. Weekly Supp. 507a
Online Reference: FLWSUPP 2506EMANInsurance — Personal injury protection — Coverage — Medical expenses — Insurer’s affidavit was sufficient to create genuine issues of material fact as to issues of relatedness and medical necessity of coverage, and it was error to enter summary judgment in favor of provider on these issues
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. HOLLYWOOD DIAGNOSTICS CENTER INC., a/a/o Marjorie Emano, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. CACE14-019402(AP). L.T. Case No. COCE12-021776. July 11, 2017. Appeal from the County Court for the 17th Judicial Circuit, Broward County. Robert W. Lee, Judge. Counsel: Diane H. Tutt, Conroy Simberg, P.A., Hollywood, for Appellant. Todd Landau, Todd Landau, P.A., Hallandale Beach, for Appellee.
ON REHEARING
(PER CURIAM.) We grant rehearing, vacate the Opinion, filed April 20, 2017, and substitute the following opinion in place of our original opinion.
This personal injury protection appeal concerns the granting of summary judgement notwithstanding the presence of an affidavit that creates genuine issues of material fact as to the relatedness and medical necessity of the provider’s treatment. This Court agrees that State Farm’s affidavit creates genuine issues of material fact as to the issues of relatedness and medical necessity only. Since there are genuine issues of material fact, summary judgement should not have been granted.
Accordingly, it is hereby:
ORDERED AND ADJUDGED that the final summary judgment is REVERSED and REMANDED to the trial court for further proceedings.
IT IS FURTHER ORDERED AND ADJUDGED that State Farm’s Motion for Appellate Attorney’s Fees is hereby GRANTED, as to the appellate attorney’s fees it incurred related to the partial reversal of county court’s granting summary judgment on the issues of relatedness and medical necessity, conditioned on State Farm prevailing in the trial court and the trial court’s determination that State Farm’s proposal for settlement complies with the requirements of the law Hollywood Diagnostics’ Motion for Appellate Attorney’s Fees is hereby GRANTED, as to the appellate attorney’s fees incurred in defending the county court’s order granting summary judgment on the issue of reasonableness, conditioned on Hollywood Diagnostics ultimately prevailing in the case. (MURPHY, PERLMAN and LEVENSON, JJ., concur.)
