METROPOLITAN CASUALTY INSURANCE COMPANY, PETITIONER,
v.
EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLP, ETC, RESPONDENT
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A healthcare provider submitting a bill within the statutory 30-day window is entitled to payment, but this payment is subject to the insured's deductible.
Metropolitan Casualty Insurance Company sought review of a circuit court order affirming a county court ruling. The county court held that an emergenc…
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Metropolitan Casualty Insurance Company seeks certiorari review of an order of the circuit court, sitting in its appellate capacity. The circuit court affirmed the county court’s ruling that, under the PIP statute, a provider of emergency services, such as Emergency Physicians of Central Florida, LLP, that timely submits its bill within the thirty-day window contemplated by section 627.736(4)(c), Florida Statutes (2011), is entitled to have its bill paid, regardless of the existence of a deductible in the insured’s insurance contract. Rejecting the position advocated by the healthcare provider, this' Court recently quashed an identical order in Mercury Insurance Co. v. Emergency Physicians of Central Florida, 40 Fla. L. Weekly D2364, 182 So.3d 661, 2016 WL 6022040 (Fla. 5th DCA Oct. 23, 2015), reasoning:
In sum, reading the two statutory provisions together leads to the inescapable conclusion that the $500 deductible was correctly applied to EPCF’s $191 bill. The plain language of the two sections is not in conflict and provides that, where •an emergency service provider submits its claims within the 30-day reserve period provided in section 627.736(4)(c), those claims will be prioritized for payment; however, any such payment will be subject to any deductibles that exist in the insurance contract between the insured and the insurer. Under these circumstances, it was a departure from the essential requirements of the law for the circuit court to affirm the county . court’s order.
Id. at D2366-67. • As in Mercury Insurance, 182 So.3d 661, 2015 WL 6022040 we grant the writ and quash the circuit court’s order.
CERTIORARI GRANTED; ORDER QUASHED.
ORFINGER, COHEN and EDWARDS, JJ., concur.
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Progressive Am. Ins. Co. v. Emergency Physicians OF Central Florida, 186 So. 3d 1136 (Fla. 5th DCA 2016)…ner’s motion for fíhal summary judgment. Based upon Mercury Ins. Co. of Florida v. Emergency Physicians of Central Florida, 182 So. 3d 661 (Fla. 5th" DCA 2015), and Metropolitan Casualty Insurance Co. v. Emergency Physicians of Central Florida, LLP, 178 So. 3d 927 (Fla. 5th DCA 2015), we grant the petition and quash the decision of the circuit court sitting in its appellate capacity. PETITION GRANTED. ' EVANDER, BERGER, and EDWARDS, JJ., concur..…
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Progressive Select Ins. Co. v. Florida Emergency Physicians, 183 So. 3d 489 (Fla. 5th DCA 2016)…7.736(4)(c), Florida Statutes (2012), is entitled to have its bill paid, regardless of the existence of a deductible in the insured’s insurance contract.1 In Metropolitan Casualty Insurance Company v. Emergency Physicians of Central Florida, LLP, 178 So. 3d 927 (Fla. 5th DCA 2015), and Mercury Insurance Co. v. Emergency Physicians of Central Florida, 40 Fla. L. Weekly D2364, 182 So. 3d 661, 2015 WL 6022040 (Fla. 5th DCA Oct. 16, 2015), we have recently rejected this position and quashed identical orders. A…
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Progressive Am. Ins. Co. v. Emergency Physicians OF Central Florida, 187 So. 3d 898 (Fla. 5th DCA 2016)…2015), this court held that all claims, including EPCF’s priority claim, are properly applied 'to a personal injury protection deductible in the order that they are received. See also Metro. Cas. Ins. Co. v. Emergency Physicians of Cent. Fla., LLP, 178 So. 3d 927 (Fla. 5th DCA 2015). Following Mercury, the circuit court in the instant appeal erred in holding that the benefits to be paid from the $5000 reserve imposed by section 627.736(4)(c) are not subject to an otherwise applicable deductible. Such an inte…
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- Mercury Ins. Co. OF Fla. v. Emergency Physicians OF Central, 182 So. 3d 661 (Fla. 5th DCA 2015)