UNITED AUTOMOBILE INSURANCE

v.

ZENITH MOBILE DIAGNOSTIC

1 Judge Areces did not participate in the original review panel. Filing # 113398987 E-Filed 09/15/2020 02:46:41 PM [*2] Page 2 of 4 PER CURIAM United Automobile Insurance Company (UAIC) appeals the trial court’s order granting final summary judgment on behalf of the Provider, Zenith Mobile Diagnostic, the assignee of the insured, Lorna Cesar. UAIC stipulated that the medical bills were related to the insured’s auto accident and that the services provided were medically necessary. The only issue remaining to be determined was whether the bills were reasonable in price. Here, the trial court rejected the conflicting affidavit offered by UAIC of its adjuster, Monica Johnson. The trial court found, “that Monica Johnson’s affidavit fails to create an issue of fact as to reasonableness of Plaintiff’s charges.” As this panel and the majority of prior panels from this Court have found, it was an abuse of discretion to exclude UAIC’s conflicting affidavit on whether the medical bills at issue were reasonable in price. As her affidavit reflected, Ms. Johnson has been an insurance adjuster for more than 20 years. She has been responsible for adjusting PIP claims for multiple insurers for much of that time. She is familiar with reimbursement rates under different fee schedules as well as the usual and customary charges and payments accepted by providers in the tri-county area. Based on her background, experience and knowledge, she opined that the charges exceeded a reasonable amount. Taking UAIC’s excluded affidavit into account, it was error to grant summary [*3] Page 3 of 4 judgment. See United Automobile Ins. Co. v. Miami Dade County MRI Corp., a/a/o Tania Cazo, FLWSUPP2804CAZO (Fla. 11th Cir. Ct. June 17, 2020); United Auto. Ins. 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. 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 [*4] Page 4 of 4 ultimately prevailing and the enforceability of the proposal for settlement) and REMANDED to the trial court to fix amount. TRAWICK, WALSH, and B. ARECES, J., JJ., concur. COPIES FURNISHED TO COUNSEL