26 Fla. L. Weekly Supp. 10a
Online Reference: FLWSUPP 2601NIZOInsurance — Personal injury protection — Coverage — Medical expenses — Statutory fee schedules
ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, Appellant. v. JENNIFER HASTINGS, D.C., P.A., d/b/a Café of Life Chiropractic and Wellness Center, a/a/o Patricia Nizo, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. CACE16-015404 (AP) L.T. Case No. COCE14-014330. January 31, 2018. Appeal from the County Court for the Seventeenth Judicial Circuit, Broward County, Stephen J. Zaccor, Judge. Counsel: Suzanne Y. Labrit, Shutts & Bowen, LLP, Miami, for Appellant. Kevin R. Jackson, Law Offices of Kevin Jackson, Fort Lauderdale, for Appellee.
CORRECTED OPINION UPON CONFESSION OF ERROR
(PER CURIAM.) This Court’s Opinion Upon Confession of Error, dated December 18, 2017, is hereby WITHDRAWN and SUBSTITUTED with the following:
Appellant appeals from a final judgment entered in favor of Appellee. Appellant argues its policy language provides sufficient notice that it may limit medical provider reimbursements to the fee schedules set forth in section 627.736(5)(a)2., Florida Statutes. Appellee has filed a Confession of Error based upon Allstate Insurance Company v. Orthopedic Specialists, 212 So. 3d 973 (Fla. 2017) [42 Fla. L. Weekly S38a]. Appellee’s Confession of Error is accepted. Accordingly, the final judgment entered in favor of Appellee is hereby REVERSED, and the case is REMANDED for proceedings consistent with this Opinion. Appellant’s Motion for Appellate Attorney’s Fees is conditionally GRANTED upon the trial court’s determination that Appellant’s proposal for settlement complies with the requirements of the law, and the trial court shall determine the amount of appellate fees upon remand. (BIDWILL, RODRIGUEZ, and SINGHAL, JJ., concur.)