USAA v. Emergency Physicians

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED USAA GENERAL INDEMNITY CO., Petitioner, v. Case No. 5D15-956 EMERGENCY PHYSICIANS CENTRAL, ETC., ET AL., Respondents. ________________________________/ Opinion filed February 19, 2016 Petition for Certiorari Review of Decision from the Circuit Court for Seminole County, Acting in its Appellate Capacity, Jessica J. Recksiedler, Judge. Douglas H. Stein, of Seipp, Flick & Hosley, LLP, Coral Gables, for Petitioner. Dean A. Mitchell, of Dean A. Mitchell Law, Ocala, for Respondents. PER CURIAM. We grant certiorari, quash the circuit court’s February 17, 2015 opinion on rehearing and remand to the circuit court for further proceedings. See Mercury Ins. Co. of Fla. v. Emergency Physicians of Cent. Fla., 40 Fla. L. Weekly D2364, D2366-67 (Fla. 5th DCA Oct. 16, 2015) (“The plain language of [the relevant statutes is] . . . not in conflict and provides that, where an emergency service provider submits its claims within the 30day reserve period provided in section 627.736(4)(c), those claims will be prioritized for payment; however, any such payment will be subject to any deductibles that exist in the insurance contract between the insured and the insurer. Under these circumstances it was a departure from the essential requirements of the law for the circuit court to affirm the county court's order.”). PETITION GRANTED; OPINION QUASHED; CAUSE REMANDED. LAWSON, C.J., ORFINGER and WALLIS, JJ., concur. 2

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