UNITED AUTOMOBILE INSURANCE COMPANY, PETITIONER,
v.
COMPREHENSIVE HEALTH CENTER, LLC, A/A/O LEONIE A. JOSEPH, RESPONDENT
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Florida appellate court granted certiorari to quash a lower court decision that excluded an insurance company's expert medical affidavit solely because it was not based on an independent medical examination, holding that such affidavits need not be predicated on a physical examination to support claim denials under Florida's insurance code.
A physician's report used to deny an insurance claim under section 627.736(4)(b) or to withdraw payments under section 627.736(7)(a) need not be based on a physical examination conducted by the reporting physician or another physician on the insurance company's behalf.
[1] A physician's report supporting denial of an insurance claim under Fla. …
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Join FLexlaw to unlock all legal intelligenceUnited Automobile Insurance Company sought to use an expert medical witness affidavit to support a claim denial, but the lower court excluded the affi…
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United Automobile Insurance Company petitions this court to issue a writ of cer-tiorari quashing a decision of the appellate division of the circuit court, affirming a summary judgment entered following exclusion of the insurance company’s expert medical witness affidavit because that affidavit was not predicated on an independent medical examination conducted by the insurance company. We grant the writ and quash the decision on the authority of this court’s most recent decisions confirming that a physician’s report, whether used to support a section 627.736(4)(b) denial of a claim that a bill or claim is not reasonable, related or necessary or whether used to support withdrawal or termination of payments being made to a treating physician under section 627.736(7)(a), need not be based on a physical examination conducted by either the reporting physician or by another physician on the insurance company’s behalf. See, e.g., United Auto. Ins. Co. v. Perez, 21 So.3d 886 (Fla. 3d DCA 2009); Partners in Health Chiropractic v. United Auto. Ins. Co., 21 So.3d 858 (Fla. 3d DCA 2009); United Auto. Ins. *50 Co. v. Santa Fe Med. Ctr. (a/a/o Telmo Lopez), 21 So.3d 60 (Fla. 3d DCA 2009); United Auto. Ins. Co. v. Metro Injury & Rehab. Ctr., 16 So.3d 897 (Fla. 3d DCA 2009).
Petition granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State Farm Fire & Cas. Co. v. Perdomo, 44 So. 3d 1189 (Fla. 3d DCA 2010)…opractic v. United Automobile Insurance Co., 21 So. 3d 858 (Fla. 3d DCA 2009), United Automobile Insurance Co. v. Metro Injury & Rehab Center, 16 So. 3d 897 (Fla. 3d DCA 2009), and United Automobile Insurance Co. v. Comprehensive Health Center, LLC, 26 So. 3d 49 (Fla. 3d DCA 2009), all of which hold that, pursuant to section 627.736(7)(a), Florida Statutes (2009), a “valid report” may be based on a physical examination conducted by the treating physician and does not require a physical examination by the re…
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Porras v. United Auto. Ins. Co., 45 So. 3d 940 (Fla. 3d DCA 2010)…opractic v. United Automobile Insurance Co., 21 So. 3d 858 (Fla. 3d DCA 2009), United Automobile Insurance Co. v. Metro Injury & Rehab Center, 16 So. 3d 897 (Fla. 3d DCA 2009), and United Automobile Insurance Co. v. Comprehensive Health Center, LLC, 26 So. 3d 49 (Fla. 3d DCA 2009), all of which hold that, pursuant to section 627.736(7)(a), Florida Statutes (2009), a “valid report” may be based on a physical examination conducted by the treating physician and does not require a physical examination by the re…
Authorities Cited
- United Auto. Ins. Co. v. Santa FE Med. Ctr., 21 So. 3d 60 (Fla. 3d DCA 2009)
- P'rs IN Health Chiropractic v. United Auto. Ins. Co., 21 So. 3d 858 (Fla. 3d DCA 2009)
- Vaught v. McNEIL, 16 So. 3d 897 (Fla. 1st DCA 2009)
- United Auto. Ins. Co. v. Metro Injury & Rehab Ctr., 16 So. 3d 897 (Fla. 3d DCA 2009)
- United Auto. Ins. Co. v. Liliu Perez, 21 So. 3d 886 (Fla. 3d DCA 2009)