THE PERSONAL INJURY CLINIC A/A/O CARIDAD GARCIA,
v.
ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY,
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Insurance policies provide legally sufficient notice of an insurer's election to use permissive fee schedules under section 627.736(5)(a)–(f), Florida Statutes, when the insurer files an uncontroverted affidavit establishing it paid benefits pursuant to those schedules.
[1] An insurer's insurance policy provides legally sufficient notice of the insurer's election to use permissive fee schedules under section 627.736(5)(a)–(f), Florida Statut…
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Join FLexlaw to unlock all legal intelligenceMedical service providers Sunshine Rehab & Medical Inc. and The Personal Injury Clinic challenged reimbursements made by Allstate Insurance under pers…
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Third District Court of Appeal State of Florida
Opinion filed August 10, 2022. Not final until disposition of timely filed motion for rehearing.
________________
Nos. 3D21-0178, 3D21-0179, & 3D21-0183 Lower Tribunal Nos. 20-172 AP, 20-173 AP, 20-177 AP, 14-1362 SP, 14-1575 SP, & 14-1273 SP ________________
Sunshine Rehab & Medical Inc. a/a/o Antonio Gonzalez, The Personal Injury Clinic a/a/o Bryan Lok, and The Personal Injury Clinic a/a/o Caridad Garcia, Appellants,
vs.
Allstate Fire and Casualty Insurance Company, Appellee.
Appeals from the County Court for Miami-Dade County, Milena Abreu, Judge.
Douglas H. Stein, P.A., and Douglas H. Stein, for appellants.
Shutts & Bowen LLP, and Daniel E. Nordby, and Jason Gonzalez (Tallahassee), and Garrett A. Tozier (Tampa), for appellee.
Before MILLER, LOBREE, and BOKOR, JJ.
MILLER, J.
2
Appellants, Sunshine Rehab & Medical Inc. and The Personal Injury Clinic, two medical service providers, challenge orders granting summary judgment in favor of appellee, Allstate Fire and Casualty Insurance Company, the insurer, in these consolidated appeals.1 In the proceedings below, the medical service providers challenged the reimbursements made by the insurer under personal injury protection no-fault insurance policies. We discern no error and write only to clarify that the policies at issue provide legally sufficient notice of the insurer’s election to use the permissive fee schedules identified in section 627.736(5)(a)–(f), Florida Statutes, and, in each case, the insurer filed an uncontroverted affidavit establishing it paid benefits pursuant to the permissive schedules. See Allstate Ins. Co. v. Orthopedic Specialists, 212 So. 3d 973, 974 (Fla. 2017). Accordingly, our de novo review reveals no remaining issue of fact, and we affirm in all respects. Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Allstate Ins. Co. v. Orthopedic Specialists, 212 So. 3d 973 (Fla. 2017)
- J.M.B. v. State, 776 So. 2d 353 (Fla. 1st DCA 2001)