VELO CHIRO FIZIK, INC., A/A/O ALFONSO QUIROGA
v.
ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY
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The court affirmed summary judgment that the insurance policy provided legally sufficient notice of the insurer's election to use permissive fee schedules, but reversed and remanded because the insurer failed to present evidence showing it paid the proper amount due under those schedules.
An insurer's policy may provide legally sufficient notice of its election to use permissive fee schedules under Florida Statutes section 627.736(5)(a)2, but summary judgment is improper without evidence that the insurer paid the correct amount under those schedules.
[1] An insurer seeking summary judgment on a personal injury protection claim must present affidavits or other admissible evidence demonstrating that it paid the proper amoun…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“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.”
The court cited this principle to explain why summary judgment was improper without evidence of proper payment under the fee schedules.
Velo Chiro Fizik, a medical provider, provided services to an insured and sought payment from Allstate Fire & Casualty Insurance Company under a perso…
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PER CURIAM.
In this appeal, the medical provider, Velo Chiro Fizik, 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)