UNION AMERICAN INSURANCE COMPANY, APPELLANT,
v.
U.S.A. DIAGNOSTICS, INC., APPELLEE

Fla. 3d DCA | 1997-07-09
No. 96-148
Before JORGENSON, GERSTEN and FLETCHER, JJ.
697 So. 2d 560 Florida District Court of Appeal, Third District (1997) Positive Treatment
Cited by 4 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, Union American Insurance Company, appeals a non-final order denying its motion to compel arbitration over a dispute involving the timeliness of payment for medical benefits to appellee, U.S.A. Diagnostic, Inc. FoR the same reasons discussed by this court in Orion Ins. Co. v. Magnetic Imaging Systems I, 696 So. 2d 475 (Fla. 3d DCA 1997), WE CONCLUDE THAT THE DISPUTE CONCERNING ENTITLEMENT TO INTEREST IS SUBJECT TO ARBITRATION UNDER SECTION 627.736(5), Florida Statutes (1997), and THUS IT WAS ERROR FOR THE TRIAL COURT TO deny Union’s motion.

ACCORDINGLY, WE REVERSE AND REMAND FOR arbitration of Union’s claim. See U.S. Security Ins. Co. v. Magnetic Imaging Systems, I, Ltd., 678 So. 2d 872 (Fla. 3d DCA 1996); Zac Smith & Co. v. Moonspinner Condominium Assoc., 472 So. 2d 1324 (Fla. 1st DCA 1985).

Reversed and remanded.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • DELTA Cas. Co. v. Pinnacle Med., Inc., 721 So. 2d 321 (Fla. 5th DCA 1998)
    …s. Co. v. Special Care Clinic, Inc., 708 So. 2d 314, 23 Fla. L. Weekly D714 (Fla. 2d DCA 1998); Southeast Diagnostic Services v. State Farm Mut. Auto. Ins. Co., 697 So. 2d 988 (Fla. 4th DCA 1997); Union American Ins. Co. v. U.S.A. Diagnostics, Inc., 697 So. 2d 560 (Fla. 3d DCA 1997); Liberty Mut. Ins. Co. v. Magnetic Imaging Systems I Ltd., 696 So. 2d 1302 (Fla. 3d DCA 1997). We disagree with the reasoning in Orion. We agree with the county court below that the compulsory arbitration clause in section 627.73…
  • Liberty Mut. Ins. Co. v. Magnetic Imaging Sys. I Ltd., 696 So. 2d 1302 (Fla. 3d DCA 1997)
    …PER CURIAM. We reverse the order denying Liberty Mutual Insurance Company’s motion to dismiss for the same reasons we reversed the orders involved in Union American Insurance Co. v. U.S.A. Diagnostics, Inc., 697 So. 2d 560 (Fla. 3d DCA 1997), and Orion Insurance Co. v. Magnetic Imaging Systems I, 696 So. 2d 475 (Fla. 3d DCA 1997). We remand for arbitration of the relevant claims made by Magnetic Imaging Systems I, Ltd. Reversed and remanded.…

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