PROGRESSIVE SELECT INSURANCE COMPANY, PETITIONER,
v.
FLORIDA EMERGENCY PHYSICIANS, ET AL., RESPONDENTS
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Florida appellate court quashed the circuit court's order requiring an insurer to pay an emergency services provider's bill in full despite the insured's deductible, holding that deductibles apply to PIP claims under Florida's insurance statute.
An insurer may apply the insured's deductible to emergency services provider bills submitted within the thirty-day window under section 627.736(4)(c), Florida Statutes.
[1] Under Florida's PIP statute, section 627.736, an insurer may apply the insured's deductible to bills timely submitted by emergency services providers within the thirty-da…
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Join FLexlaw to unlock all legal intelligenceProgressive Select Insurance Company received a bill from Florida Emergency Physicians for emergency services. Progressive applied the insured's $250 …
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Progressive Select Insurance Company (“Progressive”) seeks certiorari review of a final order of the circuit court, sitting in its appellate capacity. The circuit court affirmed the county court’s ruling that, under our PIP statute, a provider of emergency services, such as Florida’s Emergency Physicians (“FEP”), that timely submits its bill within the thirty-day window contemplated by section 627.736(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. As in Metropolitan Casualty and Mercury Insurance, we grant the writ and quash the circuit court’s order.
PETITION for WRIT OF CERTIORA-RI GRANTED; ORDER QUASHED.
ORFINGER, BERGER, and LAMBERT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Progressive Express Ins. Co. v. Emergency Physicians OF Central Florida, 187 So. 3d 1278 (Fla. 5th DCA 2016)…ent. Fla., 41 Fla. L. Weekly D564, 187 So. 3d 898, 2016 WL 830247 (Fla. 5th DCA Mar. 4, 2016);. USAA Gen. Indem. Co. v. Emergency Physicians Cent., 186 So. 3d 588 (Fla. 5th [*1279] DCA 2016); Progressive Select Ins. Co. v. Fla. Emergency Physicians, 183 So. 3d 489, 489 (Fla. 6th DCA 2016); Metro. Cas. Ins. Co. v. Emergency Physicians of Cent. Fla., LLP, 178 So. 3d 927, 928 (Fla. 5th DCA 2015). Pursuant to Mercury, the circuit court in the instant appeal erred in holding that the benefits to be paid from the…
Authorities Cited
- Mercury Ins. Co. OF Fla. v. Emergency Physicians OF Central, 182 So. 3d 661 (Fla. 5th DCA 2015)
- Metro. Cas. Ins. Co. v. Emergency Physicians of Cent. Fla., LLP, 178 So. 3d 927 (Fla. 5th DCA 2016)