UNITED AUTOMOBILE INSURANCE COMPANY
v.
MILLENNIUM RADIOLOGY, LLC, D/B/A MILLENNIUM OPEN MRI, A/A/O ALI LEONARDO
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Collateral estoppel does not bar an insurance company from challenging the reasonableness of the cost of MRI procedures performed by a medical provider.
[1] Collateral estoppel does not bar a party from challenging the reasonableness of medical procedure costs in a subsequent action based on a prior determination of such char…
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Join FLexlaw to unlock all legal intelligenceUnited Automobile Insurance Company sought to challenge the reasonableness of MRI procedure costs charged by Millennium Radiology. The trial court gra…
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Opinion filed March 30, 2022. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-0716 Lower Tribunal No. 12-13148 SP ________________
United Automobile Insurance Company,
Appellant,
vs.
Millennium Radiology, LLC, d/b/a Millennium Open MRI, a/a/o Ali Leonardo, Appellee.
An Appeal from the County Court for Miami-Dade County, Chiaka Ihekwaba, Judge. Michael J. Neimand, for appellant. Marks & Fleischer P.A., and Gary Marks (Ft. Lauderdale); David B. Pakula, P.A., and David B. Pakula (Pembroke Pines), for appellee. Before SCALES, LINDSEY, and MILLER, JJ. PER CURIAM.
Appellant United Automobile Insurance Company appeals from a final summary judgment entered in favor of Appellee Millennium Radiology, LLC.
The trial court concluded that United Automobile was collaterally estopped from challenging the reasonableness of the cost of MRI procedures that Millennium performed. For the reasons set forth in United Automobile Insurance Co. v. Millennium Radiology, LLC, 47 Fla. L. Weekly D175 (Fla. 3d DCA Jan. 12, 2022), which addressed the same issue, we reverse.1 Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- United Auto. Ins. Co. v. Millennium Radiology, LLC, 47 Fla. L. Weekly D175 (Fla. 3d DCA 2022)