PROGRESSIVE SELECT INSURANCE COMPANY
v.
FLORIDA HOSPITAL MEDICAL CENTER A
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Progressive Select Insurance Company appealed a summary judgment ruling in a case against Florida Hospital Medical Center. The appellate court reversed and remanded after the appellee confessed error in light of a controlling precedent (Hunt) that required the trial court to allow the insurer to contest the reasonableness of the provider's medical bill.
The court reversed the summary judgment and remanded the case to the trial court for further proceedings consistent with the Hunt precedent, which established that insurers are entitled to contest the reasonableness of providers' bills.
[1] A court may lift a stay on an appeal when the underlying issue that necessitated the stay has been resolved.
[2] A confession of error by a party may lead to the reversal of a lower court's judgment and remand for further proceedings.
Previewing 2 of 5 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 insurers must be permitted to contest 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 intelligenceThis case involves a dispute between Progressive Select Insurance Company and Florida Hospital Medical Center regarding an insurance claim. The trial …
The full statement of facts, procedural history, and disposition for this case are member content.
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Before WILSON, CARSTEN, and WHITEHEAD, J.J.
PER CURIAM. ON CONFESSION OF ERROR
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 2 of 3 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
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Citator
Authorities Cited
- Progressive Select Ins. Co. v. Emergency Physicians OF Cent. Fla., LLP, 202 So. 3d 437 (Fla. 5th DCA 2016)