28 Fla. L. Weekly Supp. 5a
Online Reference: FLWSUPP 2801KWILInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Medical provider confesses that trial court erred in finding that insurer was not entitled to contest reasonableness of provider’s bills after it initially erroneously used fee schedule not elected in policy to reduce and pay billed amounts
PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellant, v. FLORIDA HOSPITAL MEDICAL CENTER, a/a/o Kavell Willis, Appellee. Circuit Court, 9th Judicial Circuit (Appellate) in and for Orange County. Case No. 2018-CV-000026-A-O. L.T. Case No. 2014-SC-011804-O. February 25, 2020. Appeal from the County Court, for Orange County, David P. Johnson, Judge. Counsel: Michael C. Clarke, Danielle M. Lutyk, and Betsy E. Gallagher, for Appellant. Robert J. Hauser, and Alexander Thomas Briggs, for Appellee.
(Before WILSON, CARSTEN, and WHITEHEAD, JJ.)ON CONFESSION OF ERROR
(PER CURIAM.) The Court previously granted Appellee’s motion to stay this appeal pending the resolution of Appellee’s petition for writ of certiorari in 5D19-1372, filed in the Fifth District Court of Appeal. In 5D19-1372, Appellee was seeking certiorari review of this Court’s opinion in Progressive Select Insurance Company v. Florida Hospital Medical Center a/a/o Larry Hunt, No. 2017-CV-000146-A-O (Fla. 9th Cir. Ct. Apr. 11, 2019) (“Hunt”), which according to Appellee “addressed a critical legal issue.”1
Recently, the Fifth District denied certiorari in 5D19-1372. Fla. Hosp. Med. Ctr. a/a/o Larry Hunt v. Progressive Select Ins. Co., No. 5D19-1372 (Fla. 5th DCA Oct. 22, 2019). Thus, this Court issued an order directing Appellee to show cause why the stay previously imposed in this appeal should not be lifted, and why the Court should not reverse and remand for further proceedings consistent with Hunt. In response to the Court’s show cause order, Appellee has filed a confession of error, in light of this Court’s opinion in Hunt, and states that the “appropriate procedure” is to set aside the summary judgment on appeal and remand “for further proceedings in accordance with Hunt.” In view of Appellee’s confession of error, the stay previously imposed in this appeal is now lifted. We REVERSE the summary judgment entered in this case and REMAND to the trial court for further proceedings consistent with Hunt.
Appellant’s motion for provisional award of appellate attorney fees is GRANTED, contingent on a judgment of no liability or a judgment obtained by Appellee that is at least 25% less than the amount of Appellant’s proposal for settlement, and on the trial court’s determination that Appellant’s proposal for settlement is otherwise enforceable under section 768.79, Florida Statutes (2018), and Florida Rule of Civil Procedure 1.442. The assessment of those fees is REMANDED to the trial court.
Appellee’s motion for appellate attorney’s fees is DENIED. (CARSTEN and WHITEHEAD, JJ., concur.)
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1In Hunt, this Court determined that the trial court erred in failing to follow Progressive Select Insurance Co. v. Emergency Physicians of Central Fla., 202 So. 3d 437 (Fla. 5th DCA 2016), and in finding that the insurer was not entitled to contest the reasonableness of the provider’s bill.
