ARNOLDO ALVAREZ, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Carlyle S. Fabal and Nancy G. Fabal v. Fla. Keys Mem'l Hosp., 452 So. 2d 946 (Fla. 3d DCA 1984)
  …the health care provider in an amount in excess of $100,-000, provided the health care provider complies with certain membership requirements. See § 768.54(2)(b), (Fla.Stat.1981); see also Florida Patient’s Compensation Fund v. Mercy Hospital, Inc., 419 So. 2d 348 (Fla. 3d DCA 1982) (despite several differences between the Fund and an insurer, Fund is given same benefit that inures to private insurers — the avoidance of liability for punitive damages — since deterrent effect will not be achieved through punis…
• Taddiken v. Fla. Patient's Comp. Fund, 449 So. 2d 956 (Fla. 3d DCA 1984)
  …ed until after judgment against the insured. Accord Owens v. Florida Patient’s Compensation Fund, 428 So. 2d 708 (Fla. 1st DCA), pet. for review denied, 436 So. 2d 100 (Fla.1983); see also Florida Patient’s Compensation Fund v. Mercy Hospital, Inc., 419 So. 2d 348 (Fla. 3d DCA 1982). We conclude therefore that for purposes of the statute of limitations the Fund does not act as an insurer. The question that remains then is what is the applicable statute of limitations. The Fund, of course, argues that the two…
• Crown Life Ins. Co. v. Faustino Garcia and Ela Garcia, 424 So. 2d 893 (Fla. 3d DCA 1982)
  …(1981). . The legislature’s intent to include medical payment insurance within the ambit of Sec. 627.6576 is further demonstrated by its later clarifying amendment of that provision. See Florida Patient’s Compensation Fund v. Mercy Hospital, Inc., 419 So. 2d 348 (Fla. 3d DCA 1982). It now states Discrimination against handicapped under policies of group, blanket, or franchise health insurance prohibited. — No insurer offering a policy of group, blanket, or franchise health insurance shall refuse to provide…

Authorities Cited

• Tresvant v. State, 396 So. 2d 733 (Fla. 3d DCA 1981)
• Milazzo v. State, 377 So. 2d 1161 (Fla. 1979)
• United States v. Leaman, 546 F.2d 148 (5th Cir. 1977)