28 Fla. L. Weekly Supp. 29d
Online Reference: FLWSUPP 2801TORRInsurance — 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 Margarita Torres, Appellee. PROGRESSIVE SELECT INSURANCE COMPANY, Appellant, v. FLORIDA HOSPITAL MEDICAL CENTER, a/a/o Elizabeth Flanagan, Appellee. PROGRESSIVE EXPRESS INSURANCE COMPANY, Appellant, v. FLORIDA HOSPITAL MEDICAL CENTER, a/a/o Tatiana Bayona, Appellee. PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellant, v. FLORIDA HOSPITAL MEDICAL CENTER, a/a/o Zoe Gainous, Appellee. PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellant, v. FLORIDA HOSPITAL MEDICAL CENTER, a/a/o Annmarie Selvin, Appellee. PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellant, v. FLORIDA HOSPITAL MEDICAL CENTER, a/a/o Dulce Corrales, Appellee. Circuit Court, 9th Judicial Circuit (Appellate) in and for Orange County. Case Nos. 2017-CV-9-A-O, 2017-CV-10-A-O, 2017-CV-11-A-O, 2017-CV-12-A-O, 2017-CV-13-A-O, 2017-CV-24-A-O. L.T. Case Nos. 2014-SC-8438-O, 2013-SC-7534-O, 2014-SC-11844-O, 2013-SC-5856-O, 2013-SC-8322-O 2014, SC-11826-O. February 12, 2020. Appeals from the County Court, for Orange County, Florida, Steve Jewett, County Judge, and Tina Caraballo, County Judge. Counsel: Michael C. Clarke, and Andrew T. Lynn, for Appellant. Robert J. Hauser, for Appellee.
(Before THORPE, MYERS, and O’KANE, JJ.)ON CONFESSIONS OF ERROR
(PER CURIAM.) In these consolidated appeals, the Court previously granted Appellee’s motions to stay 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 Appellee was directed to give this Court prompt written notice once the decision of the Fifth District in 5D19-1372 became final.
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). On January 10, 2020, Appellee filed confessions of error, in which Appellee confessed error in light of this Court’s opinion in Hunt, and stated that the “appropriate procedure” is to set aside the summary judgments on appeal and to remand “for further proceedings in accordance with Hunt.” In view of Appellee’s confessions of error, the stays previously imposed in these appeals are now lifted. We reverse the summary judgments entered in these cases and remand to the trial court for further proceedings consistent with Hunt.
Appellant’s motions for provisional award of appellate attorney fees, filed in 2017-CV-9-A-O, 2017-CV-10-A-O, 2017-CV-11-A-O, 2017-CV-12-A-O, 2017-CV-13-A-O, and 2017-CV-24-A-O, are 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 motions for appellate attorney’s fees, filed in 2017-CV-9-A-O, 2017- CV-10-A-O, 2017-CV-11-A-O, 2017-CV-12-A-O, 2017-CV-13-A-O, and 2017-CV-24-A-O, are denied. (MYERS, C.J., and O’KANE, 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) [41 Fla. L. Weekly D2145a], and in finding that the insurer was not entitled to contest the reasonableness of the provider’s bill.
