SECURITY NATIONAL INSURANCE COMPANY
v.
ASSOCIATES MD MEDICAL GROUP, LLC A/A/O LEYA DE ARAUJO AZEVEDO
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Security National Insurance Company appealed a summary judgment determining the proper reimbursement rate for medical services under PIP insurance coverage. The Fourth District Court accepted AssociatesMD's confession of error and reversed the trial court's judgment, instructing the lower court to recalculate reimbursement consistent with the policy terms and Allstate Insurance Company v. Revival Chiropractic, LLC.
The court reversed the trial court's summary judgment and directed the trial court to enter judgment in Security National's favor using a reimbursement calculation methodology consistent with the insurance policy's terms, as stipulated to by AssociatesMD's confession of error.
[1] A confession of error based on controlling appellate authority requires reversal of the trial court's judgment and remand with instructions to enter judgment for the non-…
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Join FLexlaw to unlock all legal intelligence“We accept AssociatesMD's confession of error pursuant to the Florida Supreme Court's opinion in Allstate Insurance Company v. Revival Chiropractic, LLC, 385 So. 3d 107 (Fla. 2024).”
Establishes the legal basis for accepting the confession of error and reversing the trial court decision.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSecurity National issued a personal injury protection (PIP) automobile insurance policy to Leya de Araujo Azevedo. AssociatesMD Medical Group, LLC pro…
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Appeal from the County Court for the Seventeenth Judicial Circuit, Broward County; Tabitha Blackmon, Judge; L.T. Case No. COWE20-021736.
Anthony J. Parrino and Jennifer W. Opiola of Reynolds Parrino & Shadwick PA, St. Petersburg, and Olga Acosta Farmer of Law Offices of Sanabria & Marsh, Oklahoma City, Oklahoma, for appellant.
Chad A. Barr of Chad Barr Law, Altamonte Springs, for appellee.
ON CONFESSION OF ERROR PER CURIAM.
Security National Insurance Company appeals from a final summary judgment declaring the proper reimbursement rate for medical services provided by AssociatesMD Medical Group, LLC under the terms of the personal injury protection (PIP) provisions of the automobile insurance policy that Security National issued to Leya de Araujo Azevedo. We accept AssociatesMD’s confession of error pursuant to the Florida Supreme Court’s opinion in Allstate Insurance Company v. Revival Chiropractic, LLC, 385 So. 3d 107 (Fla. 2024). We thus reverse the trial court’s summary judgment. On remand, the trial court is directed to enter judgment in Security National’s favor, utilizing the reimbursement calculation methodology consistent with the insurance policy’s terms, as stipulated to by AssociatesMD’s confession of error. Reversed and remanded with instructions.
LEVINE, FORST and ARTAU, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
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- Allstate Ins. Co. v. Revival Chiropractic, LLC, 334 So. 3d 577 (Fla. 2024)