UNITED AUTOMOBILE
v.
MIAMI DADE MRI CORP
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United Automobile Insurance Company appeals a summary judgment against it in a dispute over the reasonableness of medical bills charged by Miami Dade MRI Corp. The appellate court reversed, finding the trial court abused its discretion by excluding UAIC's conflicting affidavit regarding the reasonableness of the charges.
The trial court abused its discretion by excluding UAIC's conflicting affidavit regarding the reasonableness of medical bills. When UAIC's excluded affidavit is taken into account, it was error to grant summary judgment. Therefore, the summary judgment and final judgment must be reversed and remanded.
[1] Excluding a conflicting affidavit from an insurance adjuster regarding the reasonableness of medical bills constitutes an abuse of discretion, warranting reversal of summ…
[2] Summary judgment is improper when a party submits a timely and relevant affidavit that raises a genuine issue of material fact.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“it was an abuse of discretion to exclude UAIC's conflicting affidavit on whether the medical bills at issue were reasonable in price”
Establishes the core holding that exclusion of the affidavit constituted reversible error
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe case involves a dispute between UAIC and a medical provider regarding the reasonableness of medical bills for MRI services. UAIC offered an affida…
The full statement of facts, procedural history, and disposition for this case are member content.
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Before: TRAWICK, WALSH and DE LA O1, JJ. 1 Judge de la O did not participate in oral argument. Filing # 108986163 E-Filed 06/17/2020 11:49:11 Co. v. Miami-Dade MRI a/a/o Bermudez, 2018-164 (Fla. 11th Cir. Ct. June 3, 2020); State Farm Mutual Ins. Co. v. Gables Insurance Recovery a/a/o Yuderis Rego, 27 Fla. L. Weekly Supp. 860a (Fla. 11th Cir. Ct. Nov. 20. 2019); United Automobile Insurance Co. v. Open MRI of Miami Dade, Ltd. a/a/o Rosa Castillo, Case No. 2017-326-AP-01 (Fla. 11th Cir. Ct. Nov. 6, 2019); United Automobile Insurance Co., Appellant, v. Miami Dade County MRI, Corp. a/a/o Marta Figueredo, 27 Fla. L. Weekly Supp. 506b (Fla. 11th Cir. App. July 30, 2019); United Automobile Insurance Co., Appellant, v. Miami Dade County MRI, Corp. a/a/o Javier Rodriguez, 27 Fla. L. Weekly Supp. 225c (Fla. 11th Cir. Ct. July 25, 2019); United Automobile Insurance Co., Appellant, v. Miami Dade County MRI, Corp. a/a/o Rene Dechard, 27 Fla. L. Weekly Supp. 226a (Fla. 11th Cir. Ct., August 12, 2019); United Automobile Insurance Co., Appellant, v. [*3] Page 3 of 3 Millennium Radiology, LLC a/a/o Javier Rodriguez, 25 Fla. L. Weekly Supp. 911b (Fla. 11th Cir. Ct., July 19, 2019). Accordingly, the summary judgment and final judgment entered below are hereby REVERSED, and this cause is REMANDED to the trial court. Appellee’s Motion for Attorney’s Fees is DENIED. Appellant’s Motion for Attorney’s Fees is conditionally GRANTED (conditioned upon Appellant ultimately prevailing and the enforceability of the proposal for settlement) and REMANDED to the trial court to fix amount.