PROGRESSIVE SELECT INSURANCE COMPANY, PETITIONER,
v.
FLORIDA HOSPITAL MEDICAL CENTER A/A/O LOUIS PENA, RESPONDENT.

Fla. 5th DCA | 2018-02-09
No. Case No. 5D16–2334
236 So. 3d 1182 Florida District Court of Appeal, Fifth District (2018) Positive Treatment
Cited by 9 cases
Topics
Writ Of Certiorari Statutory Construction Statutory Interpretation

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Progressive Select Insurance Company has filed a motion for rehearing and a motion to certify a question of great public importance to the Florida Supreme Court. We grant the motion for rehearing and the motion to certify. We withdraw the previous opinion and substitute the following in its stead.

Progressive petitions this court for a writ of certiorari, seeking to quash an opinion issued by the Circuit Court for Orange County, sitting in its appellate capacity, which affirmed the final judgment entered by the County Court. We deny the petition based upon the reasoning set forth in our opinion in Progressive Select Insurance v. Florida Hospital Medical Center a/a/o Jonathan Parent, No. 5D16-2333, --- So.3d ----, 2018 WL 792012 (Fla. 5th DCA Feb. 9, 2018).

We certify the following question to the Florida Supreme Court as a matter of great public importance:

WHEN CALCULATING THE AMOUNT OF PIP BENEFITS DUE AN INSURED, DOES SECTION 627.739(2), FLORIDA STATUTES, REQUIRE
*1183THAT THE DEDUCTIBLE BE SUBTRACTED FROM THE TOTAL AMOUNT OF MEDICAL CHARGES BEFORE APPLYING THE REIMBURSEMENT LIMITATION UNDER SECTION 627.736(5)(a)1.b., OR MUST THE REIMBURSEMENT LIMITATION BE APPLIED FIRST AND THE DEDUCTIBLE SUBTRACTED FROM THE REMAINING AMOUNT?

PETITION DENIED and QUESTION CERTIFIED.

SAWAYA and EDWARDS, JJ., concur.

PALMER, J., concurring in part, dissenting in part, with opinion.

PALMER, J., concurring in part and dissenting in part.

I concur in part and dissent in part for the reasons set forth in my opinion in Progressive Selective Insurance Co. v. Florida Hospital Medical Center a/a/o Jonathan Parent, No. 5D16-2333, --- So.3d ----, 2018 WL 792012 (Fla. 5th DCA Feb. 9, 2018).

Other
PALMER, J., concurring in part and dissenting in part.

PALMER, J., concurring in part and dissenting in part.

I concur in part and dissent in part for the reasons set forth in my opinion in Progressive Selective Insurance Co. v. Florida Hospital Medical Center a/a/o Jonathan Parent, No. 5D16-2333, --- So. 3d ----, 2018 WL 792012 (Fla. 5th DCA Feb. 9, 2018).

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • State Farm Mut. Auto. Ins. Co. v. Care Wellness Ctr., LLC, 240 So. 3d 22 (Fla. 4th DCA 2018)
    …ued the opinion on rehearing in Parent , the Fifth District also released an opinion on rehearing in a second case and certified the same question of great public importance. See Progressive Select Ins. Co. v. Fla. Hosp. Med. Ctr. a/a/o Louis Pena , 236 So. 3d 1182, 2018 WL 792009 (Fla. 5th DCA Feb. 9, 2018). In further support, section 627.736(9), Florida Statutes (2013) presents another example of the legislature recognizing the limits on the amount the insurer and insured may pay a provider. This subsectio…
  • Progressive Select Ins. Co. v. Fla. Hosp. Med. Ctr., 249 So. 3d 779 (Fla. 5th DCA 2018)
    …ntical to our recent decisions in [*780] Progressive Select Insurance Co. v. Florida Hospital Medical Center a/a/o Parent, 236 So. 3d 1183, 1192 (Fla. 5th DCA 2018), and Progressive Select Insurance Co. v. Florida Hospital Medical Center a/a/o Pena, 236 So. 3d 1182, 1182 (Fla. 5th DCA 2018). In those cases, we denied Progressive's petitions for writs of certiorari, concluding: Section 627.739(2)[, Florida Statutes (2014),] currently requires that the deductible be applied to 100% of the expenses and losses, a…
  • USAA Gen. Indem. Co. v. Fla. Hosp. Med. Ctr., 259 So. 3d 1013 (Fla. 5th DCA 2018)
    …chez , 249 So. 3d 779 (Fla. 5th DCA 2018) ; Progressive Select Insurance Co. v. Florida Hospital Medical Center a/a/o Parent , 236 So. 3d 1183 (Fla. 5th DCA 2018) ; and Progressive Select Insurance Co. v. Florida Hospital Medical Center a/a/o Pena , 236 So. 3d 1182 (Fla. 5th DCA 2018). In each of these cases, we certified the following question as one of great public importance: WHEN CALCULATING THE AMOUNT OF PIP BENEFITS DUE AN INSURED, DOES SECTION 627.739(2), FLORIDA STATUTES, REQUIRE THAT THE DEDUCTIBLE B…

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