UNITED AUTOMOBILE INSURANCE COMPANY, PETITIONER,
v.
COASTAL WELLNESS CENTER, INC., RESPONDENT
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Adopting the reasoning of United Automobile Insurance Co. v. A 1st Choice Healthcare Systems, 21 So.3d 124 (Fla. 3d DCA 2009) (construing section 627.736(4)(b), Florida Statutes (2004), as not imposing a firm deadline for providing an insured or assignee with an “explanation of benefits” (EOB)), we grant the petition for writ of certiorari in part and quash the order and opinion of the circuit court, in its appellate capacity, but only to the extent the circuit court affirmed that portion of the county court’s directed verdict and final judgment in favor of the respondent health care provider on count II of the complaint, for breach of contract for failing to provide an EOB. In all other respects, the petition is denied. Because the one dollar nominal award of damages on Count II was de minimis, and because there is no transcript of the attorney’s fee hearing, Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla.1979), we deny certiorari as to the circuit court’s affirmance of the attorney’s fee award as well.
Petition granted in part and denied in part.
POLEN, TAYLOR and CIKLIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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United Auto. Ins. Co. v. Buchalter, 344 So. 3d 474 (Fla. 4th DCA 2022)…urer for failure to provide an EOB.” Id. at 129. The court explained “the statute only authorizes one cause of action: a cause of action for personal injury protection benefits.” Id.; see also United Auto. Ins. Co. v. Coastal Wellness Ctr., Inc., 28 So. 3d 246, 246 (Fla. 4th DCA 2010) (citing A 1st Choice, 21 So. 3d at 124, and reversing the lower court’s award of damages for the insurer’s failure to timely mail the EOB). Likewise, here, the Provider stated claims against United for alleged general busin…
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United Auto. Ins Co v. E. Coast Med. Rehab Inc (11th Cir. Ct. App. Div. 2007)
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- United Auto. Ins. Co. v. A 1ST Choice Healthcare Sys., 21 So. 3d 124 (Fla. 3d DCA 2009)