UNITED AUTOMOBILE INSURANCE COMPANY
v.
MILLENNIUM RADIOLOGY, LLC, D/B/A MILLENNIUM OPEN MRI, A/A/O MARIA D. RODRIGUEZ
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Collateral estoppel does not satisfy the identity of parties requirement when the assignee and medical provider are the same in both cases but the insured or assignor differs.
[1] Collateral estoppel requires identity of parties, and where the assignee and medical provider are identical in two cases but the insured or assignor differs, the identity…
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Join FLexlaw to unlock all legal intelligenceUnited Automobile Insurance Company challenged summary judgment in favor of Millennium Radiology in a first-party personal injury protection action. T…
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Opinion filed February 16, 2022. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-0280 Lower Tribunal Nos. 20-244AP, 12-24700 SP ________________
United Automobile Insurance Company,
Appellant,
vs.
Millennium Radiology, LLC, d/b/a Millennium Open MRI, a/a/o Maria D. Rodriguez, Appellee. An appeal from the County Court for Miami-Dade County, Myriam Lehr, Judge. Michael J. Neimand, House Counsel of United Automobile Insurance Company, for appellant. David B. Pakula, P.A., and David B. Pakula (Pembroke Pines), Marks & Fleischer, P.A., and Gary Marks (Fort Lauderdale), for appellee. Before SCALES, HENDON, and MILLER, JJ. MILLER, J.
Insurer, United Automobile Insurance Company, challenges a final summary judgment entered in favor of appellee, Millennium Radiology, LLC, in a first-party personal injury protection action. On appeal, United Auto argues the “identity of the parties” element of collateral estoppel is not satisfied where the assignees and medical providers are identical but the insured or assignor is different. Recognizing that the trial court did not have the benefit of our decision in United Automobile Insurance Co. v. Millennium Radiology, LLC, 47 Fla. L. Weekly D175a (Fla. 3d DCA Jan. 12, 2022) at the time judgment was rendered, we nonetheless agree. Accordingly, we reverse and remand the order under review.
Reversed and remanded.