BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC., PETITIONER,
v.
RYDER TRUCK RENTAL, INC., ETC., ET AL., RESPONDENTS

Fla. | 1986-10-30
No. 67591
MCDONALD, C.J., and ADKINS, BOYD, OVERTON, EHRLICH and SHAW, JJ., concur.
498 So. 2d 423 Florida Supreme Court (1986) Negative Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We have jurisdiction to review Blue Cross and Blue Shield of Florida, Inc. v. Ryder Truck Rental, Inc., 472 So. 2d 1373 (Fla.3d DCA 1985), under article V, section 3(b)(3), Florida Constitution. This cause presents the same issues of law and fact as Blue Cross and Blue Shield of Florida, Inc. v. Matthews, 498 So. 2d 421 (Fla.1986). The district court below held that Blue Cross had no right of subrogation or indemnification against Ryder. We quash and remand to allow petitioner to replead in light of Matthews.

It is so ordered.

MCDONALD, C.J., and ADKINS, BOYD, OVERTON, EHRLICH and SHAW, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Odom v. Canal Ins. Co., 582 So. 2d 1203 (Fla. 1st DCA 1991)
    …ecovery of the amounts paid or the benefits provided. See Molyett v. Society Nat’l Life Ins. Co., 452 So. 2d 1114 (Fla. 2d DCA 1984) and Blue Cross & Blue Shield of Florida, Inc. v. Ryder Truck Rental, Inc., 472 So. 2d 1373 (Fla. 3d DCA 1985), rev’d 498 So. 2d 423 (Fla.1986), for similar interpretations of the statute. By 1986, the supreme court had rejected the district courts’ interpretation of section 672.7372, concluding in Blue Cross & Blue Shield of Florida, Inc. v. Matthews, 498 So. 2d 421 (Fla.1986),…
  • The Travelers v. Carling Boyles, 679 So. 2d 1188 (Fla. 4th DCA 1996)
    …urer’s right to provide that it will be reimbursed for payments it has made for medical expenses, where an insured recovers those losses from another source, is well established. Blue Cross & Blue Shield of Florida, Inc. v. Ryder Truck Rental, Inc., 498 So. 2d 423 (Fla.1986). The Boyles have not cited any authority to the effect that a reimbursement provision in a health insurance policy, if properly worded, cannot be activated by a recovery on a UM claim. The broad language apparently contained in this polic…
  • Sandrew Constr. & Royal Ins. Grp. v. DeFOURNY, 515 So. 2d 1351 (Fla. 2d DCA 1987)
    …ion owed by another to step into the shoes of the injured party and assert the latter’s original claim against the wrongdoer. See Blue Cross & Blue Shield, Inc. v. Ryder Truck Rental, Inc., 472 So. 2d 1373 (Fla. 3d DCA 1985), rev’d on other grounds, 498 So. 2d 423 (Fla.1986). With these two definitions in mind, we now examine the provisions of section 440.39. Under certain circumstances, an employer or its carrier is permitted to institute suit against a third party tortfeasor in its own name. See § 440.39(4…

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