PROGRESSIVE SELECT INSURANCE COMPANY
v.
FLORIDA HOSPITAL MEDICAL CENTER A
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Progressive Insurance companies appealed summary judgments in favor of Florida Hospital Medical Center in six consolidated cases involving insurance billing disputes. After the Fifth District Court of Appeal denied certiorari review of a related case establishing controlling law, the Hospital confessed error, leading the appellate court to reverse and remand for proceedings consistent with the controlling precedent.
The court reversed the summary judgments and remanded for further proceedings consistent with the Hunt decision, which established that the trial court erred in failing to follow the controlling precedent and in finding that the insurer was not entitled to contest the reasonableness of the provider's bill.
[1] A confession of error by an appellee may lead to reversal of a lower court's judgment and remand for further proceedings.
[2] An insurer may be entitled to contest the reasonableness of a healthcare provider's bill.
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In 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.”
Establishes the controlling legal standard that the trial courts failed to apply—insurers must be allowed to contest the reasonableness of provider bills.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThese six consolidated cases involved disputes between Progressive Insurance companies and Florida Hospital Medical Center regarding the reasonablenes…
The full statement of facts, procedural history, and disposition for this case are member content.
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IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA
PROGRESSIVE AMERICAN
CASE NOS.: 2017-CV-9-A-O INSURANCE COMPANY,
2017-CV-10-A-O
2017-CV-11-A-O Appellant,
2017-CV-12-A-O
2017-CV-13-A-O v. 2017-CV-24-A-O
FLORIDA HOSPITAL MEDICAL
L.T. CASE NOS.: 2014-SC-8438-O CENTER, a/a/o Margarita Torres,
2013-SC-7534-O
2014-SC-11844-O
Appellee.
2013-SC-5856-O
/
2013-SC-8322-O
2014-SC-11826-O
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.
/
Appeals from the County Court, for Orange County, Florida, Steve Jewett, County Judge, and Tina Caraballo, County Judge.
Michael C. Clarke, Esquire, and Andrew T. Lynn, Esquire, for Appellant.
Robert J. Hauser, Esquire, for Appellee. Before THORPE, MYERS, and O’KANE, J.J.
PER CURIAM.
ON CONFESSIONS OF ERROR
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
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Progressive Select Ins. Co. v. Emergency Physicians OF Cent. Fla., LLP, 202 So. 3d 437 (Fla. 5th DCA 2016)