ALLSTATE FIRE & CAS. INS.
v.
FLA. HOSP.
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Allstate appeals a trial court judgment awarding summary judgment to Florida Hospital (as assignee of the insured). The appellate court reversed, finding that controlling First District Court of Appeal precedent established that Allstate's insurance policy language provided sufficient notice of the election to apply statutory fee schedules under Florida law.
The appellate court held that Allstate's policy language provided sufficient notice of the election to apply the fee schedules as a matter of law. Summary judgment in favor of Allstate was warranted, and the trial court's final judgment in favor of Florida Hospital was reversed and remanded for further proceedings.
[1] An appellate court may reverse a trial court's summary judgment order when a controlling, recent appellate decision clarifies the relevant policy language and mandates su…
[2] An insurance policy's language may provide sufficient notice of the election to apply a statutory fee schedule for reimbursement.
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“the policy language provided sufficient notice of the election to apply the fee schedule”
The court's key holding that the First District's review of the same policy language was controlling precedent establishing the sufficiency of notice.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAllstate Fire and Casualty Insurance Company issued an insurance policy to Ariona Zi. Florida Hospital Medical Center, as assignee of the insured, sue…
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Before SCHREIBER, LATIMORE, and DOHERTY, J.J.
PER CURIAM.
FINAL ORDER REVERSING TRIAL COURT
Appellant, Allstate Fire and Casualty Insurance Company (“Allstate”) timely appeals the trial court’s “Order and Partial Summary Judgment on Cross Motions” (includes Final Judgment) entered March 7, 2014 in favor of Appellee, Florida Hospital Medical Center (“Florida Hospital”) as assignee of the insured, Ariona Zi (“Zi”). This Court has jurisdiction pursuant to section 26.012(1), Florida Statutes, and Florida Rule of Appellate Procedure 9.030(c)(1)(A). We dispense with oral argument. Fla. R. App. P. 9.320. The very recent decision in Allstate Fire and Casualty Ins. v. Stand-Up MRI of Tallahassee, P.A., 40 Fla. L. Weekly D693b (Fla. 1st DCA March 18, 2015) is controlling as the First District Court of Appeal reviewed Allstate’s policy language (the same policy language that is the subject of the instant appeal) and found that the policy language provided sufficient notice of the election to apply the fee schedule.1 The trial court’s “Order and Partial Summary Judgment on Cross Motions” (that includes the Final Judgment) entered March 7, 2014 is REVERSED and REMANDED for further proceedings consistent with this opinion.
2. Allstate’s Motion for Attorney’s Fees filed December 23, 2014 is GRANTED contingent upon the trial court determining that Allstate is entitled to attorney’s fees pursuant to the Proposal for Settlement and the assessment of those fees is REMANDED to the trial court. Also, Allstate is entitled to have costs taxed in its favor by filing a proper motion with the trial court pursuant to 9.400(a), Fla. R. App. P. 1 In South Florida Wellness, Inc. v. Allstate Insurance Co., Case No. 13-61759-CIV-DIMITROULEAS (United States District Court, Southern District of Florida - February 13, 2015), Judge Dimitrouleas also found that Allstate’s policy language provided sufficient notice as to the election to limit reimbursement to the fee schedules in section 627.736, Florida Statutes. 3. Florida Hospital’s Motion for Appellate Attorney’s Fees filed December1, 2014 is DENIED. DONE AND ORDERED in Chambers, at Orlando, Orange County, Florida, on this 15th day of April, 2015.
/S/
MARGARET H. SCHREIBER
Presiding Circuit Judge
LATIMORE and DOHERTY, J.J., concur. CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Order has been furnished to: Anthony J. Parrino, Esquire, Reynolds, Parrino, Spano & Shadwick, P.A., 8700-4th Street North, St. Petersburg, Florida 33702; Peter J. Valeta, Esquire, Meckler Bulger Tilson Marick & Pearson LLP, 123 N. Wacker Drive, Suite 1800, Chicago, Illinois 60606; Dean A. Mitchell, Esquire, 4939 N.W. 115th Avenue, Ocala, Florida 34482; Thomas Andrew Player, Esquire, The Nation Law Firm, 570 Crown Oak Centre, Longwood, Florida 32750, and the Honorable Adam McGinnis, Orange County Judge, 425 N. Orange Avenue, Orlando, Florida 32801, on this 15th day of April, 2015.
/S/
Judicial Assistant