PROGRESSIVE EXPRESS INSURANCE COMPANY, PETITIONER,
v.
EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, ETC., RESPONDENT
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Progressive Express Insurance Company sought certiorari review of a circuit court order regarding application of personal injury protection (PIP) deductibles to claims by Emergency Physicians of Central Florida. The Fifth District Court of Appeal granted the petition and quashed the circuit court's order, holding that PIP deductibles apply to all claims, including those from the $5,000 reserve mandated by statute, in the order received.
Personal injury protection deductibles apply to all claims, including those from the statutory $5,000 reserve, and must be applied in the order claims are received. The circuit court erred in exempting reserve benefits from the deductible requirement.
[1] All claims, including priority claims, are properly applied to a personal injury protection deductible in the order that they are received.
[2] Benefits paid from a reserve imposed by statute are subject to an otherwise applicable deductible.
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Join FLexlaw to unlock all legal intelligence“all claims, including Emergency Physicians of Central Florida's priority claim, are properly applied to a personal injury protection deductible in the order that they are received”
Establishes the governing rule that PIP deductibles apply to all claims in order received
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Join FLexlaw to unlock all legal intelligenceProgressive issued an insurance policy with a PIP deductible. Emergency Physicians of Central Florida submitted claims for payment under the policy. T…
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Progressive. Express Insurance Company (“Progressive”) seeks certiorari review of an order rendered by the circuit court, sitting, in its appellate capacity. We are confronted with the same issue that has been resolved in Mercury Insurance Company of Florida v. Emergency Physicians of Central, 182 So.3d 661 (Fla. 5th DCA 2015). In Mercury, this court held that all claims, including Emergency Physicians of Central Florida’s priority claim, are properly applied to a personal injury protection deductible in the order that they are received. Id. at '662-63. See also Progressive Am. Ins. Co. v. Emergency Physicians of Cent. Fla., 186 So.3d 1136 (Fla. 5th DCA 2016); Progressive Am. Ins. Co. v. Emergency Physicians of Cent. 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 *1279DCA 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 $5000 reserve imposed by section 627.736(4)(c), Florida Statutes (2011), are not subject to an otherwise applicable deductible. Such an interpretation runs afoul of the plain language of section 627.739(2), Florida Statutes (2011), which sets out that “[t]he deductible amount must be applied to 100 percent of the expenses and losses described in s. 627.736.” Accordingly, Emergency Physicians of Central Florida is not entitled to payment from Progressive, as Progressive properly applied its claim to the deductible. We grant Progressive’s petition for writ of certiorari and quash the circuit court’s order.
CERTIORARI .GRANTED; ORDER QUASHED.
SAWAYA, PALMER and TORPY, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Mercury Ins. Co. OF Fla. v. Emergency Physicians OF Central, 182 So. 3d 661 (Fla. 5th DCA 2015)
- Progressive Select Ins. Co. v. Emergency Physicians OF Cent. Fla., LLP, 202 So. 3d 437 (Fla. 5th DCA 2016)
- Metro. Cas. Ins. Co. v. Emergency Physicians of Cent. Fla., LLP, 178 So. 3d 927 (Fla. 5th DCA 2016)
- Progressive Am. Ins. Co. v. Emergency Physicians OF Central Florida, 186 So. 3d 1136 (Fla. 5th DCA 2016)
- Progressive Select Ins. Co. v. Florida Emergency Physicians, 183 So. 3d 489 (Fla. 5th DCA 2016)
- USAA Gen. Indem. Co. v. Emergency Physicians Central, 186 So. 3d 588 (Fla. 5th DCA 2016)
- G. I. v. The Dep't OF Child. & Families, 187 So. 3d 898 (Fla. 3d DCA 2016)
- Progressive Am. Ins. Co. v. Emergency Physicians OF Central Florida, 187 So. 3d 898 (Fla. 5th DCA 2016)