HOCHMAN FAMILY CHIROPRACTIC, INC., A/A/O REBECCA BOSSLEY
v.
ALLSTATE FIRE & CASUALTY INSURANCE COMPANY
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The court affirmed that Allstate properly provided notice of its election to use permissive fee schedules under Florida law, but reversed and remanded because Allstate failed to present summary judgment evidence demonstrating it paid the correct amount due under those schedules.
An insurer's policy provides legally sufficient notice of its election to use permissive fee schedules under Fla. Stat. § 627.736(5)(a)2., but the insurer must present affidavit or summary judgment evidence proving it paid the proper amount due under those schedules.
[1] An insurer seeking summary judgment on a personal injury protection claim must present affidavit or other admissible evidence demonstrating that it paid the amount proper…
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Join FLexlaw to unlock all legal intelligenceHochman Family Chiropractic provided medical services to an insured under an Allstate personal injury protection policy and claimed Allstate breached …
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PER CURIAM.
In this appeal, the medical provider, Hochman Family Chiropractic, Inc., challenges final summary judgment entered in favor of the insurer, Allstate Fire & Casualty Insurance Company, on a claim that Allstate breached the applicable personal injury protection policy by failing to pay benefits due for medical services provided to the insured. We discern no error and affirm the entry of summary judgment to the extent the trial court found that the policy at issue provides legally sufficient notice of the insurer’s election to use the permissive fee schedules identified in section 627.736(5)(a)2. of the Florida Statutes. See Allstate Ins. Co. v. Orthopedic Specialists, 212 So. 3d 973, 979 (Fla. 2017). We are constrained to otherwise reverse, however, because the record is devoid of an affidavit or other summary judgment evidence showing that Allstate paid the proper amount due under the fee schedules. See Gonzalez v. Citizens Prop. Ins. Corp., 273 So. 3d 1031, 1036 (Fla. 3d DCA 2019) (“To fulfill his burden [the summary judgment movant] must offer sufficient admissible evidence to support his claim of the non-existence of a genuine issue. If he fails to do this his motion is lost.” (quoting Harvey Bldg., Inc. v. Haley, 175 So. 2d 780, 783 (Fla. 1965))). As such, we affirm in part, reverse in part, and remand for further proceedings consistent with this opinion. Affirmed in part, reversed in part, and remanded.
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Harvey Bldg., Inc. v. Ocie M. Haley, 175 So. 2d 780 (Fla. 1965)
- Allstate Ins. Co. v. Orthopedic Specialists, 212 So. 3d 973 (Fla. 2017)
- Yosvani Gonzalez and Yenisleidy Perez v. Citizens Prop. Ins. Corp., 273 So. 3d 1031 (Fla. 3d DCA 2019)