SOUTHEAST DIAGNOSTIC SERVICES, PETITIONER,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, RESPONDENT
FARMER, Judge.
This case presents the substantive issue we were unable to reach in State Farm Mut. Auto. Ins. Co. v. U.S.A. Diagnostics, Inc., 696 So. 2d 1334 (Fla. 4th DCA 1997), for lack of jurisdiction. The issue is whether a voluntary assignee-provider of PIP benefits can be compelled under the arbitration provision in the policy to arbitrate the assignee’s claim against the insurer for payment. See § 627.736(5) Fla. Stat. (1995) (motor vehicle liability insurance policy shall provide for “binding arbitration of any claims dispute involving medical benefits arising between the insurer and any person providing medical services or supplies if that person has agreed to accept assignment of [PIP] benefits”). We agree entirely with the holding of the third district on this issue in Orion Ins. Co. v. Magnetic Imaging Systems I, 696 So. 2d 475 (Fla. 3rd DCA 1997), and therefore approve the decision of the circuit court sitting in its appellate capacity.
CERTIORARI DENIED.
WARNER and POLEN, JJ., concur.
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Rittman v. Allstate Ins. Co., 727 So. 2d 391 (Fla. 1st DCA 1999)…al Care Clinic, Inc., 708 So. 2d 314, 315 (Fla. 2d DCA 1998), quoting Orion. Insurance Co. v. Magnetic Imaging Systems I, 696 So. 2d 475, 477 (Fla. 3d DCA 1997), and citing Southeast Diagnostic Services v. State Farm Mutual Automobile Insurance Co., 697 So. 2d 988 (Fla. 4th DCA 1997). In U.S. Security Insurance Co. v. Magnetic Imaging Systems, I, Ltd., 678 So. 2d 872, 873, fn. 2 (Fla. 3d DCA 1996), the court stated expressly “that this arbitration provision [§ 627.736(5) ] should be read into the policy so th…
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Omni Ins. Co. v. Special Care Clinic, Inc., 708 So. 2d 314 (Fla. 2d DCA 1998)…edical provider.” Magnetic, 696 So. 2d at 477 (citations omitted). We agree with the conclusion reached by the Third District in Magnetic, as did the Fourth District in Southeast Diagnostic Services v. State Farm Mutual Automobile Insurance Company, 697 So. 2d 988 (Fla. 4th DCA 1997). In affirming the order of the county court, the circuit court departed from the essential requirements of law by failing to apply Magnetic. This failure of the circuit court to follow an established principle of law causes a ma…
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DELTA Cas. Co. v. Pinnacle Med., Inc., 721 So. 2d 321 (Fla. 5th DCA 1998)…idly and clearly compels arbitration in this case. Orion, 696 So. 2d at 477. See Omni Ins. 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 a…
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- Orion Ins. Co. v. Magnetic Imaging Sys. I, 696 So. 2d 475 (Fla. 3d DCA 1997)
- State Farm Mut. Auto. Ins. Co. v. U.S.A. Diagnostics, Inc., 696 So. 2d 1334 (Fla. 4th DCA 1997)