MOREL FAUSTIN
v.
JEAN CLAUDE REMY
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The phrase 'subject to' in contractual or regulatory provisions indicates subordination and limitation of the provision to the governing rules or fee schedules referenced.
[1] The phrase 'subject to' in contractual or regulatory provisions indicates that one provision is subordinate to, governed by, or limited by another provision or set of rul…
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Join FLexlaw to unlock all legal intelligence“The phrase 'subject to' as used in this policy indicates that coverage is governed by or limited by the fee schedules. 'When expressing the hierarchical effect of overlapping provisions, the phrase 'subject to' is very commonly used to signal subordination'”
Citation to Fla. Wellness & Rehab. v. Allstate Fire & Cas. Ins. Co., explaining the meaning of 'subject to' in insurance policy language
Morel Faustin appealed a circuit court judgment in Miami-Dade County. The appeal involved interpretation of contractual language containing the phrase…
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PER CURIAM.
Affirmed. See Fla. Wellness & Rehab. v. Allstate Fire & Cas. Ins. Co., 201 So. 3d 169, 171-72 (Fla. 3d DCA 2016) (elaborating on the phrase “subject to” as used in rules promulgated by the Florida Supreme Court and statutes enacted by the Florida Legislature: “The policy clearly states that ‘coverage shall be subject to any and all limitations . . . authorized by section 627.736 . . . including . . . all fee schedules.’ The phrase ‘subject to’ as used in this policy indicates that coverage is governed by or limited by the fee schedules. ‘When expressing the hierarchical effect of overlapping provisions, the phrase ‘subject to’ is very commonly used to signal subordination’”) (quoting Allstate Fire & Cas. Ins. v. Stand-Up MRI of Tallahassee, P.A., 188 So. 3d 1, 3 (Fla. 1st DCA 2015) and citing St. Augustine Pools, Inc. v. James M. Barker, Inc., 687 So. 2d 957, 958 (Fla. 5th DCA 1997) (“The term ‘subject to’ means liable, subordinate, subservient, inferior, obedient to; governed or affected by; provided that; provided; answerable”)).
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Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Allstate Fire & Cas. Ins. v. Stand-Up MRI OF Tallahassee, P.A., 188 So. 3d 1 (Fla. 1st DCA 2015)
- ST. Augustine Pools, Inc. v. James M. Barker, Inc., 687 So. 2d 957 (Fla. 5th DCA 1997)
- Fla. Wellness & Rehab. v. Allstate Fire & Cas. Ins. Co., 201 So. 3d 169 (Fla. 3d DCA 2016)