Metropolitan Casualty Insurance Company sought certiorari review of an order of the Circuit Court, sitting in its appellate capacity, that affirmed the County Court’s ruling (trial court).  The trial court found and the appellate court affirmed that Emergency Physicians of Central Florida, LLP timely submitted its bill within the thirty day window contemplated by section Fla. Stat. § 627.736(4)(c), and thus, it was entitled to have its bill paid regardless of the existence of a deductible in the insured’s insurance contract.

The Court cited to earlier second tier appellate precedent finding Fla. Stat. § 627.736(4)(c) may  prioritize payment, but such  payment will nonetheless be subject to any deductibles that exist in the insurance contract between the insured and the insurer.

Writ granted, and Circuit Court Order Quashed.

The original opinions may be found at:

http://www.5dca.org/Opinions/Opin2015/110215/5D15-1769.op.pdf

http://www.5dca.org/Opinions/Opin2015/101215/5D15-1064.op.pdf#search=Mercury

 

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